[Amended 1983; 1991; 1994; 1997; 2009]
A.
Minimum parking requirements. In any district where permitted no use of premises shall be authorized or extended, and no building or structure shall be erected or enlarged, unless there is provided for such extension, erection or enlargement off-street parking facilities treated with a surface binder or crushed stone, located within 300 feet of the principal building, structure or use of the premises and containing not less than the number of parking spaces hereinafter specified or such lesser number of spaces as the Planning Board may allow on an approved parking area plan under Subsection C.
(1)
Boarding or rooming house.
One space for each sleeping room.
(2)
Dwelling used for professional occupation.
Three spaces.
(3)
Roadside stand, commercial greenhouse or nursery.
Six spaces plus one space for each two nonresident employees.
[Amended 4-25-2023 ATM
by Art. 23]
(4)
Commercial stable.
One space for each two employees and one space for every three
horses to be stabled on the premises.
(5)
Day care center, nursery school, private elementary or secondary
school, charitable or philanthropic institution.
Ten spaces.
(6)
Social, recreational or athletic club.
One space for each five members.
(7)
Offices for business or professional use.
One space for each 250 square feet of gross floor area or fraction
thereof.
(8)
Restaurant.
One space for each three seats and for each 80 inches of standing
counter space.
(9)
Bank or other financial institution, retail store or service
establishment.
One space for each 200 feet of gross floor area or fraction
thereof.
(10)
Shop for crafts, antiques or art objects.
One space for each 250 square feet of gross floor area or fraction
thereof.
(11)
Gasoline service station, repair garage or repair shop for light
equipment.
Adequate off-street space to accommodate customers and employees.
(Frequent parking of vehicles owned by such customers or employees
on a public or private way adjacent to the premises shall be considered
evidence of the inadequacy of the off-street parking space provided.)
(12)
Multidwelling project in Residence EA District.
One and one-half spaces for each dwelling unit.
B.
Nonconforming parking exemptions. Permanent structures and land uses in existence at the time this section becomes effective, and uses for which building permits have been approved at the time this section becomes effective, shall not be subject to the requirements set forth in Subsection A, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they may not be reduced below such requirements.
C.
Parking area plans. There shall be submitted to the Planning Board,
for approval, before a building permit shall be issued, or a use permit
granted, a plan of the proposed parking facilities showing area and
dimensions of the lot, locations, areas and sizes of the buildings,
maximum area of building to be used for selling, offices and other
uses, maximum number of employees to be accommodated at any one time,
maximum seating and/or sleeping capacity where applicable. The plan
shall also show the number of parking spaces to be provided, their
proposed layout, including access and egress, circulation, loading
and unloading, maneuvering space, grading, drainage provision for
snow removal and disposal, safety precautions, and surfacing material.
The Planning Board may also require the plan to show any additional
information necessary to determine compliance with this bylaw.
[Amended 4-25-2023 ATM
by Art. 23]
D.
Joint use of parking facilities. Joint off-street parking facilities
may be provided for two or more separate buildings or uses on the
same lot or different lots, but in such case, the total spaces required
shall be the sum of the spaces required for the individual buildings
or uses.
E.
Screening of parking areas. All open off-street parking areas, permitted
and/or required, which are located within a residence district, or
adjacent to a residence district, shall be screened from all adjoining
lots in the residence district by:
[Amended 1990; 1994; 1999]
A.
Prohibited signs. The following sign prohibitions apply in all districts:
(1)
Any sign not expressly allowed or permitted or exempted under
this bylaw is prohibited.
(2)
No sign shall be erected at or near the intersection of any
streets or a street and driveway in such a manner as to obstruct free
and clear vision or erected at any location where for any reasons
it may interfere with or obstruct the view of or which by reason of
its shape, color, location or other characteristics could be confused
with any traffic sign, signal or device.
(3)
No sign shall be painted or posted directly on a window or affixed to an exterior wall except as permitted under Subsection G(2)(e)[3].
(4)
No sign shall be affixed in any way to or from a part of any
cupola, tower, spire, chimney, enclosure or other object or structure
located on or above the roof of any building.
B.
BUILDING SIGN
GROUND SIGN
NONCONFORMING SIGNS
PRIMARY SIGN (formerly ACCESSORY SIGN)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
SECONDARY SIGN (formerly NON-ACCESSORY SIGN)
SIGN
Definitions. The following terms shall be interpreted and defined
as:
Any outdoor sign affixed to or painted on or in any manner
supported by or forming a part of the exterior of a building, or any
sign visible through a window of a building.
Any sign other than a building sign as herein defined.
Any nonconforming sign legally erected prior to the adoption of this section may be continued to be maintained but not be enlarged, reworded, redesigned or altered in any way, unless it is brought into conformity. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed one third of the replacement value of the sign at the time of the destruction or damage shall not be repaired, replaced or altered unless in conformity to § 240-5.2. Any sign which has been discontinued or abandoned (as provided in § 240-1.4B) or advertises any products, business or activities which are no longer sold or carried on at the particular premises for a period of two or more years shall cease to be a protected nonconforming sign and shall be removed.
Any sign which carries one or more of the following elements
of general information about the premises on which it is located:
Name of owner and/or occupant.
Identifying name of the premises.
Street address.
Business, profession or other activity being lawfully conducted
thereon.
Advertising the sale, rental or lease of the premises or part
thereof.
Identifying participants in construction work thereon.
A primary sign shall not carry any other advertising or information
of any kind, except by special permit.
Any sign other than a primary sign as herein defined.
A sign shall include any lettering, word, numeral, emblem,
design, device, trademark, drawing, picture, flag with commercial
announcements or advertising thereon, pennant, streamer, or other
object of whatever material or method of construction and however
displayed, whether being a structure or any part thereof, or attached
to or painted on or in any other manner represented on a building
or other structure or object and used to indicate, announce, direct,
attract, advertise or promote.
[Amended 4-25-2023 ATM
by Art. 23]
C.
General regulation for permanent signs in all districts. The following basic regulations apply to all signs unless otherwise provided by additional requirements in Subsections D through G.
(1)
Graphics. Sign graphics shall be painted, carved or otherwise
permanently affixed with no moving, movable or animated elements except
that secondary signs may utilize changeable type or messages, not
of an electronic nature.
(2)
Illumination. Sign illumination is limited to a fixed white
light from an external source either incorporated in the sign structure
or set in the ground nearby. Illumination shall not incorporate tube-type
gaseous or "neon" elements, nor internal light sources, and shall
be directed solely at the sign with glare shielded from the street
or abutting premises. No sign shall be illuminated between the hours
of 10 o'clock p.m. and 6 o'clock a.m., except that if the business
establishment or office is open to the public after 10 o'clock p.m.,
the sign may be illuminated until closing but not later than midnight.
(3)
Construction. All primary building signs shall be securely affixed
to a substantial intermediary surface which shall be securely yet
removable affixed to the building and shall conform to the State Building
Code and all other applicable governmental requirements. Maximum area
of such signs shall be 30 square feet. Area of signs composed of separate
letters affixed to the wall of a building shall be deemed to be the
area of the smallest rectangle enclosing and touching any parts thereof.
(4)
Location. All permanent signs shall be set back no less than
10 feet from the edge of the pavement of any street. Traffic and parking
signs shall be excluded.
D.
General regulations for temporary signs in all districts. The Select
Board may grant a special permit on property of the Town of Sherborn
for the erection and display of temporary signs for special messages
or events.
(1)
Special permits for temporary signs shall conform to the applicable provisions of Subsection C and these additional requirements.
(2)
Such signs shall be unlit.
(3)
The special permit granted for such signs shall specify the
exact dimensions, type, appearances and location of such sign, the
period of display and such further restrictions and conditions as
deemed to be in the public interest.
E.
Exempt signs. The following signs are exempt from the provisions
of this bylaw:
[Amended 4-25-2023 ATM
by Art. 23]
(1)
Signs expressly protected by any constitution, or law of the
federal or state government.
(2)
Signs erected on Town property under the authority of the Town
of Sherborn.
(4)
Any sign, not exceeding four square feet in area, limited solely
to directing traffic within a parking area or indicating parking restrictions
in the use of such parking area.
(5)
Any sign not exceeding one square foot in area, marking or identifying
a foot or bridle path over privately owned land.
(6)
Customary signs on gasoline pumps and the price thereof.
(7)
Holiday decorations and lights in season.
(8)
Religious organization and nonprofit educational organization
are permitted to erect and maintain on each lot upon which a church,
synagogue, place of worship or other facility used by the religious
organization or nonprofit educational organization directly to foster
its religious or educational purposes, a sign or signs meeting the
following criteria:
(9)
Any sign, not exceeding three square feet in area, that:
(a)
Is affixed to any building listed on the Sherborn Historical
Resources Survey, as maintained by the Sherborn Historical Commission,
and indicates the construction date and/or name of the building, as
specified in the survey; or
(b)
Is affixed to any building listed on the National Register of
Historic Places, as maintained by the National Park Service, and indicates
the fact of such listing, and/or the construction date and or/name
of the building as listed on the Register.
F.
Specific regulations for residence district.
(1)
Allowed permanent signs.
(a)
One primary ground sign and one primary building sign are allowed on any lot in a residence district. Such signs shall conform with all applicable provisions of Subsection C and the following additional requirements:
[Amended 4-25-2023 ATM
by Art. 23]
(b)
A primary ground sign shall have a maximum area of two square
feet, not to exceed six feet above ground level and having no illumination.
(c)
A primary building sign shall be affixed parallel to the wall
of a building, shall have a maximum area of one square foot and a
maximum height of five feet above entryway/threshold.
(2)
Specially permitted permanent signs. The Board of Appeals may grant a special permit for a primary ground sign for business, professional or other lawful use allowed or permitted under § 240-3.2, Subsections (6) through (11), inclusive, § 240-3.2, Subsections (14), (15) and (26). Such sign shall conform with all applicable provisions of Subsection C and the following additional requirements:
(3)
Allowed temporary signs. One temporary primary ground sign is allowed on any lot in a residence district to advertise the sale, rental or lease of the premises or any part thereof, or to identify owner, architect, engineer, contractor and/or other participation in construction work thereon. Such sign shall conform with all applicable provisions of Subsection C and the following additional requirements:
(a)
Such sign shall not be illuminated, and shall be removed within
one week following completion of sale, rental or lease negotiation
or construction work.
(b)
Maximum area shall be eight square feet for signs advertising
sale, rental or lease, and 12 square feet for signs identifying construction
participants.
(c)
Maximum height shall be 10 feet above ground level.
(4)
Specially permitted temporary signs for subdivisions. The Board of Appeals may grant a special permit for one temporary primary ground sign in each residential subdivision of six or more approved lots for the purpose of advertising the development and/or the sale, rental or lease of the individual lots thereon. Such a sign shall conform to the applicable provisions of Subsection C and the following additional requirements:
(a)
Such sign shall not be illuminated.
(b)
Maximum area shall be 40 square feet.
(c)
The special permit for such a sign shall specify its type, location,
appearance, exact dimensions along with any other restrictions or
conditions deemed to be in the public interest, shall be for a stated
period of time not exceeding one year and may be renewed for successive
periods, not exceeding one year each.
G.
Signs in business district.
(1)
All special permits for signs granted under this Subsection G shall specify the exact type, dimensions, location and appearance of such signs along with other conditions and restrictions deemed to be in the public interest.
(2)
No sign shall be allowed in a business district except those
allowed in residence districts, and/or primary signs or secondary
signs complying with the following requirements:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Allowed permanent ground signs.
[1]
One primary ground sign on each lot indicating one or more of
the following:
[a]
Name of the owner and/or occupant.
[b]
Identifying name of the premises.
[c]
Street address.
[d]
Profession, business or other activity being lawfully
conducted thereon.
[e]
Advertising the sale, rental or lease of the premises
or part thereof.
[f]
Identifying participants in construction work thereon.
[2]
A primary ground sign shall not exceed two square feet in area.
(b)
Specially permitted permanent ground signs. The permit granting authority may grant a special permit for one primary ground sign on a lot instead of the sign allowed in Subsection G(2)(a) and one secondary ground sign if it shall find that the nature and use of the premises or the location of the building with reference to the street(s) is such that a ground sign(s) may be permitted in harmony with the general purpose and intent of this bylaw, subject to the applicable provisions of Subsection C and the following additional requirements:
[1]
A ground sign shall be located no less than 10 feet from the
edge of the pavement and no less than 30 feet from a residence district.
[2]
Primary ground signs shall not exceed 24 square feet in area,
nor six feet in any dimension nor 12 feet in height above ground level.
[3]
Secondary ground signs shall not exceed 12 square feet in area
and the maximum height of five feet above ground level.
[4]
The special permit for such signs shall specify its exact dimensions,
type, location, appearance and any other restrictions and conditions
as deem to be in the public interest.
(c)
Allowed permanent building signs. The following primary building signs are allowed in business districts, subject to the applicable provisions of Subsection C and these additional requirements:
[1]
All building signs must be affixed parallel to a wall or building
surface, shall not extend from the face of such wall horizontally
or vertically, and shall not project out from such wall more than
12 inches.
[2]
One primary building sign for each business establishment consisting
of a single building except that if such building has more than one
public entrance, an additional sign may be affixed to each wall in
which such entrance is located other than the wall on which the primary
sign is affixed. The area of such an additional sign(s) shall not
exceed 1/2 of the area of the allowable principal sign.
[3]
One primary building sign for each business establishment in
a building have two or more such establishments, provided that such
establishment has a separate public entrance to its premises and that
such a sign is affixed to that portion of a wall which forms a part
of the enclosure of such premises.
[4]
One primary building directory sign of the business establishments
occupying a building having a common public entrance, such sign to
be affixed to the wall of such public entrance. The area of such signs
shall not exceed one square foot for each establishment in the building.
(d)
Specially permitted permanent building sign. For a sign that
would exceed the size of an allowed permanent building sign or a sign
that is to be perpendicular to the face of the wall:
[1]
The permit granting authority may grant a special permit for one primary building sign on each lot instead of the allowed permanent building sign if it shall find that the nature and the use of the premises or the location of the building with reference to the street(s) is such that a building sign may be permitted in harmony with the general purpose and intent of this bylaw subject to the applicable provisions of Subsection C and the following additional requirements:
[2]
Maximum area of such sign shall be 60 square feet. Area of a
sign composed of separate letters affixed to the wall of a building
shall be deemed to be the area of the smallest rectangle enclosing
and touching any parts thereof.
[3]
If a primary building sign is affixed perpendicular to the wall
of a building, it shall not extend above the top of such wall or shall
it project from the face of the wall more than six feet.
(e)
Allowed temporary signs.
[1]
One temporary primary ground sign is allowed on any lot in a business district to identify participants in construction work thereon. Such sign shall conform with all applicable requirements of Subsection F(3), except that the maximum area shall not exceed 15 square feet and the sign shall be set back at least 20 feet from any lot line.
[3]
Temporary secondary signs posted or painted directly on the
inside of the windows of businesses permitted in the business district
but covering no more than 50% of any window surface.
(f)
Specially permitted temporary secondary sign.
[1]
One or more secondary building sign may be specially permitted
which may be constructed of flexible material but which must be affixed
by at least its four corners to the wall and may be changed from time
to time during the duration of the permit. The sign shall be no larger
than 15 square feet, provided that a special permit has been granted
by the Board of Appeals. The special permit may impose conditions
upon this sign(s).
[2]
One or more secondary ground (sandwich board/A-frame, flag)
sign/s which (i) announces daily specials; ii) must be removed at
the close of the business day; iii) may not obstruct a public or private
walkway, or be placed on public property. The maximum area shall not
exceed 15 square feet, and the maximum height of five feet above the
ground. The special permit may impose limiting conditions, including
among other matters the number allowed at each business property location.
[Added 1981; amended 1987; 1994; 1997]
A.
Review and amendment.
(1)
Preliminary site plan review.
(a)
All applicants for a building permit in a business district
for exterior construction, or interior construction to allow a change
of use or an increase in an existing use and all applicants for a
special permit for a permissive use in a business district shall be
required to obtain a preliminary site plan review by the Planning
Board before applying to the Board of Appeals for such special permit
or, if no special permit is required, before applying to the Building
Inspector for such building permit. The applicant shall submit a drawing
or drawings adequately and accurately depicting the existing structures
and any proposed alteration, extension, change or additional structures,
as well as any proposed change in landscaping, signage, lighting,
the location and layout of parking and vehicular and pedestrian access
and egress, and the location of surface water, sewerage, refuse or
other waste disposal facilities. In addition, the applicant shall
submit a short narrative statement describing the nature of the alteration,
extension or change or additional structure and the reasons therefor.
[Amended 4-25-2023 ATM
by Art. 23]
(b)
The Planning Board shall review the preliminary site plan and
may:
[1]
Approve the plan as submitted;
[2]
Approve the plan subject to such reasonable conditions as it
deems necessary or appropriate to maintain the public health, safety
and well being and a consistent and attractive visual appearance of
the business district, including but not limited to conditions relating
to pedestrian and vehicular access and egress, parking location and
layout, the location and type of signage, lighting and landscaping,
including fences and the location of surface water, sewerage, refuse
or other waste disposal facilities.
[3]
Conclude that a proposed alteration, extension or change or additional structure for other than residential use will have a substantial impact on the business district or adjoining residential districts and that the preliminary site plan review is therefore denied without prejudice and a site plan special permit pursuant to Subsection A(2) is required.
(c)
The Planning Board shall act upon a preliminary site plan submission
within 21 days from the date the submission is complete and presented
to the Planning Board, and failure of the Planning Board to act upon
such submission within 21 days of such presentation shall be considered
unconditional approval. Any change to the preliminary site plan shall
require resubmission and review under this subsection.
(2)
Special permits for site changes in the business district.
(a)
A site plan review special permit from the Planning Board shall be required where preliminary site plan review has been denied as set forth in Subsection A(1)(b)[3] or where the existing or proposed use of the lot or any portion thereof requires a special permit for a permissive use in the business district and the applicant proposes one or more of the following site changes:
[1]
The erection of a new building, any addition to an existing
building or any change in the location of the exterior walls so as
to increase the building footprint by ten percent or more, or any
increase in the roof elevation of an existing building.
[2]
An increase of the gross floor area of an existing business
use by more than 25%, whether accompanied by exterior construction
or not.
(b)
The applicant for a site plan review special permit hereunder
shall file the original and six copies of his application for such
review with the Planning Board and shall forthwith file an additional
copy thereof with the office of the Town Clerk. Upon its receipt of
such application, the Planning Board shall submit one copy to the
Select Board, one copy to the Board of Health and one copy to the
Board of Appeals for their review and written recommendations as they
deem appropriate and they shall send copies of such recommendations
to the Planning Board and the applicant. The failure of any such Board
to make written recommendations within 35 days from its receipt of
such application shall be deemed to be lack of opposition thereto.
(c)
Each application and each copy thereof filed for a site plan
review special permit hereunder shall be accompanied by a site plan
of the proposed use prepared by a registered professional engineer,
architect or landscape architect in compliance with the rules of the
Planning Board (if any) concerning the size, form, contents and style
of plans and specifications required for the granting of a special
permit. Such site plan shall show among other things all existing
and proposed buildings with building elevations depicting architectural
treatment thereof, all structures, parking spaces, driveway openings,
driveways, service areas and other open uses, well locations, and
all facilities for sewage, refuse and other waste disposal and for
surface water drainage, catch basins and drain pipes and all landscape
features such as walkways, illumination systems, fences, planting
areas, trees, shrubs and open areas on the lot. Said site plan shall
include a locus map (prepared in accordance with any Planning Board
rules) showing the site in relationship to the properties, easements
and roadways in reasonable proximity thereto, including buildings,
structures, driveway openings, off-street parking and all public or
private ways. Each application shall also include a short narrative
statement describing the nature of the proposed site changes and the
reasons therefor.
[Amended 4-25-2023 ATM
by Art. 23]
(d)
In reviewing the application and the site plan, the Planning
Board as the special permit granting authority, and the Select Board,
Board of Health and Board of Appeals, as the review boards, shall
consider among other things:
[1]
Compliance with the requirements for parking lot size, frontage,
yards and heights, and coverage of buildings, and all other provisions
of the bylaws;
[2]
Convenience and safety of vehicular and pedestrian movement
within the site and in relation to adjacent streets, properties or
improvements;
[3]
Adequacy of the arrangement and number of parking spaces in
relation to the proposed uses of the premises;
[4]
Provision for off-street loading and unloading of vehicles incidental
to the servicing of the buildings and related uses on the lot or tract;
[5]
Arrangement and appearance of proposed buildings, structures,
illumination systems, signs, screening and landscaping;
[6]
Adequacy of methods for waste disposal, surface and subsurface
drainage and lighting;
[7]
Protection of adjoining premises and the general neighborhood
from any detrimental use of the lot or tract;
[8]
Consideration of the natural characteristics of the site, including
geological features, soils, vegetation, slopes, watershed boundaries,
scenic areas and views;
[9]
Adequacy of all municipal facilities relative to fire and police
protection and public works and other municipal services required
to meet the needs of the uses to be accommodated on the site;
[10]
Description of the methods to be used during construction
to control erosion and sedimentation, to protect soil stockpiles and
existing trees, and to ensure the continuation of the unique characteristics
of the site;
[Amended 4-25-2023 ATM
by Art. 23]
[11]
Whether the proposed location and exterior appearance
of the buildings will promote and preserve harmony in architectural
treatment and avoid incongruous or inappropriate architectural appearance
and building arrangement detrimental to property values of the adjoining
owners or the community.
[12]
Adequacy of methods to preserve and protect the
quality and quantity of groundwater at the site and neighboring locations.
(e)
It shall be a condition to the exercise and validity of any
special permit under this section, that an as-built plan certifying
conformance to the approved site plan be submitted to the Planning
Board and building department prior to the issuance of a permanent
occupancy permit.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Amendment to site plan.
(a)
Any person to whom a site plan special permit has been granted shall submit to the Planning Board any proposed change to such site plan prior to the commencement of any construction in exercise of such permit. If within 30 days the Planning Board finds that such change is inconsistent with the site plan special permit, the Planning Board may require the submission of an application to amend the permit in which event the Planning Board shall hear and decide the application to amend in full compliance with the procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.
(b)
Any change that would result in an increase in the height or
dimensions or a diminution in the setback of any proposed structure
of 10% or less may and any such change of more than 10% shall be presumed
to be inconsistent with the site plan review special permit.
B.
Special permits for business use.
(1)
The Board of Appeals shall be the special permit granting authority
for any application for a permissive use in a business district. The
applicant for a permissive use hereunder shall file the original and
two copies of his application for such use with the Town Clerk as
filing agent for the Board of Appeals, and shall forthwith file a
separate signed copy thereof for the records of the Town Clerk as
required under MGL c. 40A, § 9. Upon its receipt of such
application, the Board of Appeals shall submit one copy thereof to
the Select Board and one copy to the Planning Board for their review
and written recommendations. Each such Board shall make such recommendations
as it deems appropriate and shall send copies thereof to the Board
of Appeals and the applicant. The failure of either Board to make
written recommendations within 35 days from its receipt of such applications
shall be deemed to be lack of opposition thereto.
(2)
Each application filed for a permissive use hereunder shall comply with the rules of the Board of Appeals relative to the granting of special permits. The Board of Appeals, as the special permit granting authority hereunder, shall hear an application for a permissive use in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.
C.
Site plan review for certain nonresidential activities in a residence
district.
[Amended 4-25-2023 ATM
by Art. 23]
(1)
Except as and to the extent exempted from local regulation by MGL c. 40A, § 3, all applicants for a building permit for interior or exterior construction in a residence district in connection with a use included in the Schedule of Use Regulations under § 240-3.2, Subsection (12) (Religious), or Subsection (13) (Educational) and all applicants for a driveway permit in connection with such use or proposed use in a residence district shall undergo site plan review in accordance with the substantive and procedural requirements of Subsection A(1) before a driveway permit or building permit can issue. For review under this Subsection C, the Planning Board may either approve the plan as submitted, as provided by Subsection A(1)(b)[1], or approve the plan subject to conditions, as provided for by Subsection A(1)(b)[2]. Activities on lots devoted to religious or nonprofit educational use at the present time shall not be subject to this provision.
[Amended 1973; 2011]
The removal of sod, loam, clay, sand, gravel, stone (whether
quarried or not), stone walls along a public way, or other natural
inorganic material from the premises in any residential or business
district is prohibited except in instances when such removal is (1)
incidental to the lawful construction or alteration of a building
or structure (provided that such removal does not exceed 500 cubic
yards), or the lawful construction of a driveway on the portion of
the premises where the removal occurs (provided that such removal
does not exceed 50 cubic yards), or (2) incidental to the construction
or operation of public works by the Town or other public body.
[Added 1970; amended 1980; 2010; 2014; 4-26-2022 ATM by Art. 22]
A.
Purpose. The purpose of the Flood Plain District is to provide that
land in the Town of Sherborn subject to seasonal or periodic flooding
as described herein shall not be used for residence or other purposes
in order to:
(1)
Ensure
public safety through reducing the threats to life and personal injury.
(2)
Eliminate
new hazards to emergency response officials.
(3)
Prevent
the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
(4)
Avoid
the loss of utility services which if damaged by flooding would disrupt
or shut down the utility network and impact regions of the community
beyond the site of flooding.
(5)
Eliminate
costs associated with the response and cleanup of flooding conditions.
(6)
Reduce
damage to public and private property resulting from flooding waters.
B.
DEVELOPMENT
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM)
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
NEW CONSTRUCTION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions.
Means any man-made change to improved or unimproved real
estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials. [US Code of Federal
Regulations, Title 44, Part 59]
Means an official map of a community issued by FEMA that
depicts, based on detailed analyses, the boundaries of the 100-year
and 500-year floods and the 100-year floodway. (For maps done in 1987
and later, the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
[US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
Means a use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, but does not include long-term storage
or related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
Means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure. [US
Code of Federal Regulations, Title 44, Part 59]
Means any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
Means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
[Amended 4-25-2023 ATM
by Art. 23]
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use. [US Code of Federal Regulations, Title 44, Part 59]
See "floodway."
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section
202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns. Permanent construction does not include
land preparation (such as clearing, excavation, grading or filling),
the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or
the installation of accessory buildings such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. [Base Code, Chapter 2, Section 202]
Means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, which is principally
above ground, as well as a manufactured home. [US Code of Federal
Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile-,
column- or pier-supported foundation, the building official shall
determine it to be substantial repair of a foundation. Applications
determined by the building official to constitute substantial repair
of a foundation shall require all existing portions of the entire
building or structure to meet the requirements of 780 CMR. [As amended
by MA in 9th Edition BC]
[Amended 4-25-2023 ATM
by Art. 23]
Means a grant of relief by a community from the terms of
a floodplain management regulation. [US Code of Federal Regulations,
Title 44, Part 59]
[Amended 4-25-2023 ATM
by Art. 23]
Means the failure of a structure or other development to
be fully compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
[Amended 4-25-2023 ATM
by Art. 23]
C.
Regulations. A Flood Plain District shall be considered to be an
overlay district superimposed over any other district established
by Sherborn Zoning Bylaw. Land in a Flood Plain District may be used
for any purpose otherwise permitted in the underlying district except:
(1)
No building or structure may be erected in a Flood Plain District, with the exception that the Board of Appeals may grant a special permit in accordance with the provisions of § 240-6.2C for the construction or use of a building or structure which:
(a)
Will not be used for sustained human occupancy;
(b)
Will not substantially interfere with the natural water storage capacity
of the land or the natural flow of water;
(c)
Will not constitute a danger to the public health or safety; and
(d)
Will not cause any increase in the area of the 100-year flood plain.
(2)
No
dumping, filling, dredging, excavation, transfer, or removal of any
material which will reduce the natural floodwater storage capacity
of the land or will interfere with the natural flow of water over
the land shall be permitted.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
If any land included in a Flood Plain District is found by the Board of Appeals not in fact to be subject to seasonal or periodic flooding, the Board of Appeals may grant a special permit in accordance with the provisions of § 240-6.2C for the use of such land for any purpose permitted in the underlying district. The Board of Appeals may consider the elevation of the particular land, its history of flooding and any other relevant evidence. The Board of Appeals may request and consider information on the question from any other public official, board, or agency.
(4)
A
portion of any lot in a Flood Plain District may be used to meet lot
area requirements for the residential district over which the Flood
Plain District is superimposed, provided that such portion in the
Flood Plain District does not exceed 25% of the minimum lot area in
Residence District A, 50% of the minimum lot area in Residence District
B, and 60% of the minimum lot area in Residence District C. Land in
the Flood Plain District may not be used to meet lot area requirements
in business districts.
(5)
Whenever
an application is made for a building permit which the Building Inspector
believes may involve the use of land in the Flood Plain District,
the Inspector shall require the applicant for such permit to provide,
as part of such application, a plan of the lot on which such building
is intended to be built showing the land contours at two-foot intervals,
related to elevations above mean sea level, indicating the bench marks
used and certified by a registered land surveyor.
[Amended 4-25-2023 ATM
by Art. 23]
(6)
The provisions of § 240-5.5 shall not apply to any building or structure in a Flood Plain District that was in existence at the time of the adoption of § 240-5.5. Notwithstanding the provisions of § 240-1.4, such buildings may be repaired, restored, altered, enlarged or rebuilt in compliance with all other zoning laws and applicable state and municipal laws and regulations, provided that any such altered, enlarged or rebuilt building shall not substantially interfere with the natural water storage capacity of the land or the natural flow of water.
(7)
In
A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles
to be placed on a site must be elevated and anchored in accordance
with the zone's regulations for foundation and elevation requirements
or be on the site for less than 180 consecutive days or be fully licensed
and highway ready.
D.
Location of Flood Plain District. The Floodplain District is herein
established as an overlay district. The district includes all special
flood hazard areas designated on the Town of Sherborn's Flood Insurance
Rate Map (FIRM) issued by the Federal Emergency Management Agency
for the administration of the National Flood Insurance Program. The
map panels of the Middlesex County FIRM that are wholly or partially
within the Town of Sherborn are panel numbers 25017CO518F, 25017CO519F,
25017CO538F and 25017CO631F dated July 7, 2014, and 25017CO 39E, 25017CO632E,
25017CO633E, and 25017CO 634E, dated June 4, 2010, on the Flood Boundary
and Floodway Map (if applicable) dated (FBFM effective date.) These
maps indicate the 1%-chance regulatory floodplain. The exact boundaries
of the district shall be defined by the 1%-chance base flood elevations
shown on the FIRM and further defined by the Middlesex County Flood
Insurance Study (FIS) report dated July 7, 2014. The effective FIRM,
FBFM, and FIS report are incorporated herein by reference and are
on file with the Town Clerk, Planning Board, Building Inspector, and
Conservation Commission, and are hereby made a part of the Zoning
Map and are incorporated herein by reference.
[Amended 4-25-2023 ATM
by Art. 23]
E.
Floodway and base flood elevation data.
(1)
Floodway data. In Zones A, A1-30, and AE, along watercourses
that have not had a regulatory floodway designated, the best available
federal, state, local, or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(2)
Designated
regulatory floodways. In Zones A1-30 and AE, along watercourses that
have a regulatory floodway designated on the Town's FIRM or Flood
Boundary and Floodway Map, encroachments are prohibited in the regulatory
floodway which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(3)
Unnumbered
A Zones. In A Zones, in the absence of FEMA BFE data and floodway
data, the Building Department will obtain, review and reasonably utilize
base flood elevation and floodway data available from a federal, state,
or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A as the basis for requiring
elevation of residential structures to or above base flood level,
for requiring floodproofing or elevation of nonresidential structures
to or above base flood level, and for prohibiting encroachments in
floodways.
[Amended 4-25-2023 ATM
by Art. 23]
(4)
Subdivisions
and other developments. In applications for subdivisions or other
developments greater than 50 lots or five acres (whichever is less),
the proponent must provide technical data to determine base flood
elevations for each developable parcel shown on the design plans.
All subdivision proposals and development proposals in the Flood Plain
District shall be reviewed to assure that:
(5)
Drainage
paths. Within Zones AO and AH on the FIRM, adequate drainage paths
must be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
F.
Notification of watercourse alteration. In a riverine situation,
the Conservation Commission agent shall notify the following of any
alteration or relocation of a watercourse:
|
Adjacent communities, especially upstream and downstream
Bordering states, if affected
|
|
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th Floor
Boston, MA 02114
|
|
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
|
G.
Requirements
to submit new technical data. If the Town/city acquires data that
changes the base flood elevation in the FEMA mapped special flood
hazard areas, the Town/city will, within six months, notify FEMA of
these changes by submitting the technical or scientific data that
supports the change(s). Notification shall be submitted to:
|
FEMA Region I Risk Analysis
Branch Chief
99 High Street, 6th Floor
Boston, MA 02110
|
And a copy of notification to:
|
Massachusetts NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street
Boston, MA 02114
|
H.
Permits
in Flood Plain District.
(1)
All
development in this district, including structural and nonstructural
activities, whether permitted by right or by special permit, must
be in compliance with MGL c. 131, § 40, and with the following:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Sections of the Massachusetts State Building Code (780 CMR) which
address floodplain and coastal high hazard areas;
(b)
Wetlands Protection Regulations, Department of Environmental Protection
(DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,
DEP (currently 310 CMR 15, Title 5).
(2)
The
Town of Sherborn requires a permit for all proposed construction or
other development in the Flood Plain District, including new construction
or changes to existing buildings, placement of manufactured homes,
placement of agricultural facilities, fences, sheds, storage facilities
or drilling, mining, paving and any other development that might increase
flooding or adversely impact flood risks to other properties.
(3)
The
Town of Sherborn's permit review process includes the use of a checklist
of all local, state and federal permits that will be necessary in
order to carry out the proposed development in the Flood Plain District.
The proponent must acquire all necessary permits and must submit the
completed checklist demonstrating that all necessary permits have
been acquired.
I.
Variances.
(1)
A
variance from this floodplain section must meet the requirements set
out by state law, and may only be granted if:
[Amended 4-25-2023 ATM
by Art. 23]
(a)
Good and sufficient cause and exceptional nonfinancial hardship exist;
(b)
The variance will not result in additional threats to public safety,
extraordinary public expense, or fraud or victimization of the public;
and
(c)
The variance is the minimum action necessary to afford relief to
the applicant.
(2)
If
the state issues variances to the flood-resistant standards as found
in the State Building Code, the community will use this text for local
adoption:
(a)
The Town will request from the State Building Code Appeals Board
a written and/or audible copy of the portion of the hearing related
to the variance and will maintain this record in the community's files.
(b)
The Town shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official, that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and (ii) such construction below the base flood level increases
risks to life and property.
[Amended 4-25-2023 ATM
by Art. 23]
(c)
Such notification shall be maintained with the record of all variance
actions for the referenced development in the Flood Plain District.
J.
Administration.
(1)
Abrogation
and greater restriction. The floodplain management regulations found
in this Flood Plain District section shall take precedence over any
less restrictive conflicting local laws, ordinances, or codes.
(2)
Disclaimer
of liability. The degree of flood protection required by this section
is considered reasonable but does not imply total flood protection.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Floodplain
administrator. The Town of Sherborn hereby designates the position
of Building Inspector to be the official floodplain administrator.
(4)
Severability.
If any section, provision or portion of this section is deemed to
be unconstitutional or invalid by a court, the remainder of the section
shall remain effective.
[Amended 4-25-2023 ATM
by Art. 23]
[Added 1979; amended 2008; 2017]
A.
Purposes. The purposes of the Residence EA District are to provide
for the demonstrated elderly and affordable housing needs of the Town
by making provision for appropriately located, specially designed
and reasonably priced housing for occupancy by elderly persons who
otherwise would not have such housing opportunities within the Town;
to allow greater flexibility in land use planning for the development
of tracts of land in terms of density, preservation of open spaces,
utilization of natural features, provision of municipal services and
provision of a variety of housing types; to ensure that site development
plans will be presented to the Town Meeting in connection with a proposal
to rezone a tract of land to Residence EA District; and to enable
the Planning Board to require adherence to such site development plans
in the granting of a special permit as hereinafter described.
B.
Land use and dimensional requirements. In the absence of a special permit for multidwelling project granted as hereinafter described, land uses and dimensional controls in the Residence EA District shall be the same as those for the district for which the land was zoned before the rezoning. Multidwelling projects which have received such special permits must conform with the dimensional requirements set forth in Subsection E. The Planning Board may impose conditions limiting the uses allowed in a multidwelling project pursuant to Subsection F(7).
[Amended 4-25-2023 ATM
by Art. 23]
C.
Town Meeting presentation - preliminary development plan. Every proposal
for the rezoning of land to a Residence EA District classification
must be presented to a Town Meeting for a two-thirds vote in accordance
with Chapter 40A of the General Laws. The initial proposal submitted
to the Select Board for inclusion in the Town warrant need only include
a description of the land proposed for rezoning and a brief description
of the proposed project, but every proposal must include a preliminary
development plan when it is presented at the Planning Board public
hearing required by said Chapter 40A prior to the Town Meeting, and
later, as the plan may be amended after such public hearing, at the
Town Meeting. In addition to the requirements imposed by the rules
and regulations of the Sherborn Planning Board, adopted pursuant to
said Chapter 40A, the preliminary development plan shall show in a
general manner but drawn to scale, the boundaries and topography of
the parcel; the wetlands, ponds, streams, or waterways within or adjacent
to the land; the proposed location, bulk, types, architectural character
and typical floor plans for all buildings or structures; the proposed
locations, design and dimensions of all streets, walks, parking and
other paved areas; the proposed grading plan, drainage plan, and location
of major utilities, wells and septic systems; and the proposed open
space. The preliminary development plan shall also include, either
on the plans or in other documentary form, the name and address of
the record owner, the proposed dwelling unit density, the total floor
area, proposed rents or sale prices, and any other information concerning
the purposes and nature of the proposed project which the proponent
believes will assist the Planning Board and Town voters in their deliberation.
The Planning Board, in its report to the Town Meeting, required by
law, shall include its opinion on whether or not the proponent has
prepared and presented sufficient data to give reasonable assurance
that the development will conform to the preliminary development plan
with respect to the location, layout and design of proposed buildings,
drives and streets, to the density, type and design of floor plans
and dwelling units, and to any other material which the proponent
has submitted with his proposal. At least two weeks before the Town
Meeting, one complete copy of all material to be presented to the
Town Meeting shall be filed with the Town Clerk for public inspection.
D.
Special permit application - final development plan.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
The applicant shall file his application for a special permit with the Planning Board and forthwith with the Town Clerk. Such application shall be accompanied by a final development plan which indicates full compliance with the requirements set forth in Subsection E below, and which includes, at a minimum, the following plans and supporting materials:
(a)
Survey. A survey plan of the land by a registered land surveyor
showing all metes and bounds, prominent natural or man-made features,
existing buildings or structures, tree lines, topography in two-foot
contours in the portion developed with buildings and ten-foot contours
elsewhere, the location of land in the Flood Plain District, if any,
all adjoining existing streets and all abutting owners.
(b)
Site development plan. A plan or plans showing soil culture,
proposed grading plans, drainage plans, the location of buildings
and other improvements, the landscaping plan, open space designation,
the utilities distribution plan, and the dimensions, materials and
types of construction of all streets, roads, parking, walkways and
walls.
(c)
Architectural plans. Preliminary plan or plans showing building
locations, typical floor plans, elevations, sections, important exterior
details of the buildings and general massing.
(d)
Statistics. A tabulation of the proposed buildings by building
type, size (showing number of rooms by use, and total floor area),
ground coverage, dwelling units per building, and dwelling units per
acre. There shall also be a summary of the percentages of the site
covered by buildings, covered by paved areas and designated for open
space.
(e)
Developer information.
[1]
A legal description of the development entity with documented
financial information sufficient to establish the developer's capability
to complete all aspects of the project; documentation indicating a
firm commitment from a recognized financial institution for construction
financing and, where appropriate, permanent mortgage financing; the
approximate schedule of rents, leases or sale prices; and where publicly
financed, subsidized or otherwise publicly assisted units are involved,
written evidence of the receipt of such approvals and/or commitments
as may be required.
[2]
All application, plans and supporting materials for such special
permits shall be submitted to the Board of Health and the Conservation
Commission by the Planning Board for their review and written recommendations.
Either such Board or Commission shall make such recommendations as
it deems appropriate and shall send copies thereof to the Planning
Board and to the applicant. The failure of either such Board to make
recommendations to the Planning Board within 35 days from the receipt
thereof shall be deemed to be lack of opposition thereto. Such a submission
by the Planning Board and such recommendations by the Board of Health
and the Conservation Commission shall in no way relieve the applicant
of any obligations he may have to obtain permits or other approvals
independently from those Boards.
E.
Special permit requirements. The Planning Board must hold a public
hearing within 65 days after the filing of the application with the
Planning Board. In addition to the specific requirements set forth
below, the Planning Board may consider the probable impact of the
proposed development upon Town services and facilities, the compatibility
of the project with the surrounding area and the consistency of the
proposed development with the Town's long-range planning objectives.
In order to approve a proposed multidwelling project and grant a special
permit therefor, the Planning Board must find that all of the following
requirements are met:
[Amended 2008; 4-25-2023 ATM by Art. 23]
(1)
Lot size. Only lots six acres or larger may be rezoned for Residence
EA District use for multidwelling projects.
(2)
Building occupancy. Multidwelling developments in Residence
EA Districts shall be designated as one of the following categories:
[Amended 2015]
(a)
Age-restricted. If designated "age-restricted," occupancy shall be
limited to families at least one member of which is 55 years of age
or older;
(b)
Affordable. If designated "affordable," a minimum of 25% of the units
within the entire development shall be restricted to occupancy by
persons eligible for low or moderate income housing as defined in
760 CMR 56 (as the same may be amended from time to time).
[Amended 2015]
(c)
Affordable age-restricted. If designated "affordable age-restricted,"
all units shall be limited to families at least one member of which
is 55 years of age or older, and a minimum of 10% of the units within
the entire development shall be restricted to occupancy by persons
eligible for low or moderate income housing as defined in 760 CMR
56 (as the same may be amended from time to time).
(3)
Density.
(a)
No more than four dwelling units per acre shall be permitted
on any one lot approved for multidwelling use. There shall be no more
than eight dwelling units in any one building and not more than three
bedrooms in any one dwelling unit. The minimum distance between buildings
shall be determined by the Planning Board as part of the special permit
process.
(b)
In the case of multistory buildings containing single-level
dwelling units (flats) which require an elevator to comply with ADA
and handicapped access requirements, the Planning Board may waive
the eight-unit maximum for each building if it finds the building
is otherwise harmonious and appropriate for the particular location
and consistent with the architectural traditions of the Town.
(4)
Special needs design. Building and site layout shall be specially
designed for the needs of the elderly with particular attention to
appropriate floor plans, safe and convenient ingress and egress from
buildings, and parking, walks and ramps which meet current standards
for the handicapped. Where possible, special facilities for meeting
and communal social activities shall be provided.
(5)
Architectural design. The architectural scheme shall be harmonious
within the project with respect to choice of materials, colors, style,
detailing and massing, but rigidity and monotony are to be avoided
by use of variations in building size, height, location, and rooflines
and the judicious arrangement of landscaping elements and site features.
The project shall also be harmonious with the surrounding buildings
and insofar as is appropriate for the particular location, consistent
with the architectural traditions of the Town.
(6)
Landscaping. All improvements shall be placed so as to leave
undisturbed, as far as possible, the special environmental and historical
features of the site, including especially woodlands, wetlands, ponds,
streams, waterways, marshes, hilltops, ravines, biological habitats
of special interest, views of unusual importance, continuous green
belts, existing trails and bridle paths and historical monuments.
The required setback buffer shall consist of natural woodlands wherever
possible. Otherwise, indigenous trees and shrubs and other elements
such as walls and earth berms shall be used to create effective screening.
The applicant must submit a landscaping plan prepared by a registered
architect or landscape architect which will be reviewed by the Planning
Board for aesthetic effect.
(7)
Open space. At least 25% of the total area of all lots within
a contiguous Residence EA District shall, except as provided below,
remain unbuilt upon and set aside for conservation, outdoor recreation
or park purposes or buffer areas. Such open land shall be in addition
to required front, side and rear setback areas except in cases where
the total open space, including such setback areas but excluding any
land within 30 feet of a dwelling unit, exceeds 50% of the total lot
area. The required open space may be in one or more parcels of a size
and shape appropriate for the intended use and may be conveyed either
to and accepted by the Town or its Conservation Commission, to a legal
association comprised of the homeowners within each such lot, or to
a nonprofit organization the principal purpose of which is the conservation
of open space. Such open land shall be included in the total lot area
for the purpose of computing the dwelling-unit density of the lot.
The future ownership of such open land, which may differ from parcel
to parcel, shall be specified by the Planning Board as a condition
of the special permit, but when such open land is conveyed to persons
other than the Town of Sherborn, the Town shall be granted an easement
over such land sufficient to ensure its perpetual use as conservation,
recreation or park land or buffer area.
[Amended 2015]
(8)
Utilities. All electrical, gas, telephone, water distribution
and other utility and service lines shall be placed underground in
accordance with the regulations of the respective utility companies
and the rules and regulations of the Sherborn Planning Board adopted
pursuant to MGL c. 41, § 81K et seq. Adequate methods shall
be provided on the site for waste disposal and for surface and subsurface
drainage in accordance with the regulations of the Health Department.
Higher levels of treatment and monitoring of domestic water supply
and wastewater, such as is provided by a public water system (PWS)
and/or wastewater treatment plant (WWTP), that are each regulated
and approved by the Massachusetts Department of Environmental Protection,
are encouraged. Therefore, PWS and WWTP facilities may be located
off-site if shown as part of a preliminary development plan, to the
extent that such facilities are allowed or permitted on the off-site
parcel.
(9)
Lighting. Lighting of parking and walkways shall be designed
to provide sufficient uniform illumination with a low glare factor.
The mounting heights shall be as appropriate for the architectural
character and scale of the buildings, but all lights must be arranged
and shielded to prevent direct glare from the light source onto any
street or adjacent property.
F.
Planning Board approval. The Planning Board may grant a special permit for a multidwelling project based on a determination that the proposed development will be consistent with the development as approved by the Town Meeting, consistent with the requirements set forth in Subsection E and consistent with the general purposes of the Residence EA District, subject to the following standards:
[Amended 4-25-2023 ATM
by Art. 23]
(1)
The special permit shall incorporate by reference the preliminary
development plan presented to the Town Meeting. The Planning Board
may, in its discretion, permit deviations from the preliminary development
plan presented to the Town Meeting; provided, however, that the Board
shall not permit any increase in the dwelling unit density, nor shall
it permit an increase greater than 10% in the total floor area. The
Planning Board shall not authorize any nonresidential use other than
shown in the preliminary development plan presented to the Town Meeting.
(2)
The Planning Board may require dwelling-unit density to be less
than that shown on the preliminary development plan presented to the
Town Meeting, if the Board determines that proper land use planning
so requires, but in such event, the Board shall file with its decision
the basis for its determination, including, among other factors, soil
conditions, drainage, traffic or other neighborhood conditions brought
to the Board's attention, and the provisions of the usable open space.
(3)
The Planning Board may permit the construction and use of facilities
such as a community center or recreation center for the use of the
elderly residents and their guests if the Board determines that the
inclusion of such facilities would be appropriate to the site and
to the project as designed.
(4)
In granting a special permit, the Planning Board shall impose
as a condition thereof that the installation of services and construction
of interior drives within the development shall comply with the requirements
of the rules and regulations of the Sherborn Planning Board adopted
pursuant to Chapter 40A and may impose such additional conditions
and safeguards as public safety, welfare and convenience may require.
(5)
The Planning Board, upon application by the developer and after
hearing, may amend a special permit previously granted, but only in
accordance with the standards hereinbefore set out.
(6)
Subsequent to a special permit granted by the Planning Board
under the provisions of this section, minor revisions may be made
from time to time in accordance with applicable laws, bylaws and regulations,
but the development under such special permit shall otherwise be in
accordance with the submission accompanying the developer's application
for a special permit, except as modified by the decision of the Planning
Board of any such revision. If the Board determines such revisions
not to be minor it shall order a public hearing.
G.
Planning Board denial. The Planning Board may deny an application for a special permit hereunder and base its denial upon the failure of the proposal to meet the requirements established in Subsection E hereof, a finding that the development would not be consistent with the purposes of the Residence EA District, including, but not limited to, the absence of a demonstrated need for such housing or a finding that the proposed development does not substantially conform to the preliminary development plan as approved by the Town Meeting in connection with the rezoning of the land. Failure to so issue and file a decision within said 90 days shall be deemed a grant of the permit in accordance with Chapter 40A of the General Laws.
[Amended 1980; 4-25-2023 ATM by Art. 23]
H.
Additional requirements. In addition to the foregoing, low and moderate
income units shall meet the following additional requirements:
[Added 2008]
(1)
Such housing must be either subsidized housing units as defined
in Chapter 40B of the General Laws of the Commonwealth or local initiative
projects as defined in 760 CMR 56.00 (as the same may be amended from
time to time), or affordable housing operated on the basis of substantial
similarity with the goals and policies of Local Initiative Program
as defined in 760 CMR 56.00.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
For local initiative projects, the following shall apply:
(a)
The units are to be "low and moderate income units" as defined
in 760 CMR 56.00 (as the same may be amended from time to time);
[Amended 4-25-2023 ATM
by Art. 23]
(b)
The project is not developed with, or is not proposed to be
developed with, a comprehensive permit within the meaning of MGL c.
40B, §§ 20 to 23;
[Amended 4-25-2023 ATM
by Art. 23]
(c)
The project is subject to use restrictions which, as a result of the special permit provided by this section, are a condition for the granting of the special permit. "Use restriction" shall mean a contract, deed restriction, condition of special permit provided by this § 240-5.6 or other legal instrument as may be required by the special permit granting authority and as may be approved by the Department of Housing and Community Development (which agency has been established pursuant to Chapters 23B and 6A of the General Laws of the Commonwealth), which use restriction restricts occupancy of low and moderate income units to persons with qualified incomes for a determinate period of time;
[Amended 4-25-2023 ATM
by Art. 23]
(d)
The period of such use restrictions is as long as the unit is
occupied, but in no event less than five years; and
(e)
The owner/developer of the units agrees to be subject to equal
housing opportunity guidelines established by the Department of Housing
and Community Development.
(f)
After issuance of any special permit pursuant to this § 240-5.6, the Select Board shall make application to the Department of Community Affairs for certification that the unit so permitted is a "local initiative project" to count towards the Town's statutory obligations under Chapter 40B of the General Laws of the Commonwealth, all in accordance with the application procedures set forth in 760 CMR 56.00.
[Amended 4-25-2023 ATM
by Art. 23]
I.
Procedural requirements for special permits. The Planning Board, as the special permit granting authority for multidwelling projects within a Residence EA District, shall hear and decide an application for a special permit or any extension, modification or renewal thereof, in full compliance with the time limitations and all other procedural requirements specified in Chapter 40A of the General Laws and Article VI of this bylaw.
[Added 1980]
[Added 1997]
A.
Purpose. The purpose of this section is to permit and regulate the
use of commercial and municipal personal wireless communications facilities
within the Town of Sherborn and encourage their location and use in
a manner which minimizes negative visual and environmental impacts
on the residents of Sherborn. Wireless communications facilities include
towers, antennas, receiving or transmitting equipment of any kind,
and any other equipment, or structure, including access ways or landscaping,
used to support wireless communications activities such as cellular
telephone service, personal communications service (PCS), enhanced
specialized mobile radio service, specialized mobile radio service,
paging and any other functionally equivalent service. It is intended
that this section be in compliance with the federal Telecommunications
Act of 1996. This provision does not apply to the construction or
use of an antenna structure by a federally licensed amateur radio
operator, as exempted by MGL c. 40A, § 3.
B.
ABOVE GROUND LEVEL (AGL)
ANTENNA
CAMOUFLAGED
CARRIER
CO-LOCATION
ENVIRONMENTAL ASSESSMENT (EA)
EQUIPMENT SHELTER
ESSENTIALLY NOT VISIBLE
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
LATTICE TOWER
LICENSED CARRIER
MONOPOLE TOWER
MOUNT
OMNIDIRECTIONAL (WHIP) ANTENNA
PANEL ANTENNA
PCS, PERSONAL COMMUNICATIONS SERVICES
PERSONAL WIRELESS COMMUNICATIONS FACILITIES
RADIOFREQUENCY (RF) ENGINEER
RADIOFREQUENCY RADIATION (RFR)
RELATED EQUIPMENT OR FACILITIES
SECURITY BARRIER
SEPARATION
UTILITY
Definitions.
The height of a tower as measured from a plane located at
the average elevation above mean sea level of the ground, within a
ten-foot radius of the center of the tower, prior to being altered
for construction of the tower, to the uppermost point of the tower.
The surface from which wireless radio signals are sent and
received by a personal wireless communications facility.
A personal wireless communications facility that is disguised,
hidden, part of a preexisting or proposed structure or placed within
or on a preexisting or proposed structure is considered to be "camouflaged."
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on a preexisting
building by more than one carrier.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a personal
wireless communications facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries, electrical equipment
or other equipment to support the personal wireless communications
facility.
A determination by the Planning Board that a wireless communications
facility is not easily noticeable to passersby, motorists, or adjacent
residents during their normal day-to-day activities.
[Amended 4-25-2023 ATM
by Art. 23]
Federal Aviation Administration, an independent agency of
the federal government with regulatory authority over aviation issues.
The area on the ground within a prescribed radius from the
base of a mount. The fall zone is the area within which there is a
potential hazard from falling debris (such as ice) or collapsing material.
Federal Communications Commission, an independent agency
of the federal government with regulatory authority over communications
issues.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio, and paging.
A tower that is tied to the ground or other surface by diagonal
cables.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio service system.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A thin rod that beams and receives a signal in all directions.
A flat surface antenna, usually developed in multiples.
Broadband radiowave systems that operate at a radio frequency
in the 1850 - 1950 megahertz range.
Any device, instrument or other object used for the provision
of personal wireless communications services, as defined by the Telecommunications
Act, including towers, antennas, receiving or transmitting equipment
of any kind, and any other related equipment or facility.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
The emissions from personal wireless communications facilities.
Any equipment, building, structure, accessway, landscaping
or other means used to support the operation, or disguise the appearance,
of a personal wireless communications tower, antenna, or transmitting
or receiving equipment of any kind.
[Amended 4-25-2023 ATM
by Art. 23]
A locked, impenetrable wall, fence or berm, or combination
thereof, that completely seals an area from unauthorized entry or
trespass.
The distance between one carriers array of antennas and another
carriers array.
A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations,
and transmission lines.
[Amended 4-25-2023 ATM
by Art. 23]
C.
Special permit granting authority. The Planning Board shall be the Special Permit Granting Authority for site plan review for all wireless communications facilities (except those that comply with Subsection D).
D.
Use of existing structures.
(1)
It is the policy of the Town of Sherborn to encourage the location
of personal wireless communications facilities in existing structures.
Therefore, the establishment of personal wireless communications facilities
shall not require any regulatory review or permits other than a building
permit, provided that:
(a)
Such facilities are proposed to be located on an existing commercial
wireless communications tower, or on an existing structure supporting
electric utility transmission lines, or, in the case of related equipment,
adjacent to such tower or structure; or
(b)
Such facilities are proposed to be located entirely within,
mounted on, or (in the case of related equipment) adjacent to, structures
or buildings existing as of November 18, 1997, in such a manner that
they are essentially not visible from a public street or from any
dwelling; and
(c)
The applicant demonstrates that the installation will meet the
Federal Communications Commission standards for radiofrequency radiation
emissions.
(2)
Additional facilities or equipment mounted on an existing commercial wireless communication tower, or structure supporting electric transmission lines, shall not be required to meet the "essentially not visible" standard, provided that (a) such facilities do not increase the height of the existing tower or structure beyond the height necessary to accommodate the dimensions of the antenna array, (b) the related equipment on the ground does meet the "essentially not visible" standard, and (c) the proposed access route already exists. Additional facilities or equipment proposed to be located on an existing commercial wireless communications tower that do not meet the standards of (b) or (c) shall undergo a preliminary site plan review in accordance with the substantive and procedural requirements of § 240-5.3A.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Prior to the issuance of a building permit, plans for the proposed
wireless communication facilities shall be submitted to the Planning
Board in order that it may certify that the "essentially not visible"
standard will be met or determine that a preliminary site plan review
is necessary.
E.
Wireless Communications Overlay Districts. In order to encourage
any necessary new wireless communications towers or mounts to be located
in areas that will have the least visual and environmental impact
on Town residents, there are hereby created two Wireless Communications
Overlay Districts as follows:
(1)
Wireless Communications Overlay District 1. This district shall
include all land used for high-tension electrical transmission facilities
by Boston Edison or any successor, whether by easement or in fee;
[Amended 4-25-2023 ATM
by Art. 23]
(2)
Wireless Communications Overlay District 2. This district shall
include that portion of Parcel 174A of Assessors' Map 11 that is not
used for cemetery purposes and has an elevation greater than 70 meters
above mean sea level, and that portion of Parcel 193 of Assessors'
Map 12 that has an elevation greater than 70 meters above mean sea
level.
F.
Special permit for wireless communications facilities. Persons seeking to develop wireless communications facilities within the Wireless Communications Overlay Districts shall apply for a special permit under § 240-5.8 for site plan review in accordance with MGL c. 40A, § 9, provided that proposals which are certified by the Planning Board as being in compliance with the provisions of Subsection D are exempt from this provision.
G.
Minimum requirements. All wireless communications facilities to be
located in the Wireless Communications Overlay Districts shall comply
with the following:
(1)
All applications for new tower locations within Wireless Communications Overlay Districts are exempt from the height limitation of 35 feet specified in § 240-4.2. However, no tower shall be greater than 100 feet above ground level or, in Wireless Communications Overlay District 1 only, the elevation above mean sea level of the nearest electricity transmission line tower, whichever is higher. Omnidirectional (whip) antennas shall not be counted in the height calculation.
[Amended 4-25-2023 ATM
by Art. 23]
(2)
All proposed new towers, in appropriate locations, may be required
to accommodate the facilities of up to two carriers in addition to
those of the applicant, depending on the resulting visual and environmental
impacts of such additional capacity. This requirement shall not apply
to "flagpole" type towers, or other camouflaged facilities, as applicable.
(3)
Wireless communications towers shall not be lighted unless the
FAA requires such lighting, or the Planning Board requires such lighting
to ensure public safety upon the advice of the Police and/or Fire
Chiefs. Except in extreme circumstances, and in cases where the Planning
Board finds that alternative scenarios are more deleterious to the
Town, no proposed tower location shall be approved that requires lighting.
(4)
Each proposed new tower must include a "fall zone" equal to
at least 100% of its height above ground level. If it is in the best
interests of the Town to do so, this fall zone may be reduced by the
Planning Board to as little as 50% of height above ground level. Generally,
this fall zone must be located within the boundaries of the parcel
on which the tower is located. However, at the discretion of the Planning
Board, the fall zone may extend onto adjacent property if the following
three conditions are satisfied: a) doing so will result in a less
intrusive visual impact; b) the adjacent property is either Town-owned
or the owner has granted written permission for such use in the form
of an easement that remains in effect for the life of the tower; and
c) it can be demonstrated that the use of such adjacent property does
not pose an undue safety risk. In all cases, the applicant shall submit
information certified by a licensed structural engineer demonstrating
the structural integrity of the tower and that the design is such
that the tower will implode, rather than fall over, when experiencing
undue stress, and that the proposed fall zone is adequate for the
design proposed.
(5)
All towers shall be of a design that minimizes the negative
visual and environmental impacts on the Town. Generally, this will
be the monopole type or a camouflaged design.
(6)
No new towers within Overlay District 1 shall be located closer
to another freestanding wireless communications tower than the distance
between three successive electric transmission towers in the immediate
area. This does not apply to antennas attached to existing electrical
transmission support towers.
(7)
All equipment proposed for a personal wireless communications facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation. Demonstration of compliance shall be as specified in the Rules and Regulations of the Planning Board, § 380-1.4F.
(8)
No new towers shall be visible from (1) the Farm Pond public
beach or boat launch ramp, or (2) the Historic Districts of Sherborn.
The Planning Board may grant an exemption to clause (2) above if the
proposed facility is Town-sponsored or used for a municipal purpose
and the Board finds that the proposed facility will have a limited
visual impact.
(9)
All applications for new tower locations shall be accompanied
by a narrative statement endorsed by a qualified radiofrequency engineer
explaining why the proposed location (or locations) was (were) selected.
For any tower proposed to be located in Overlay District 2, such statement
shall include additional supporting documentation demonstrating that
no feasible alternative location was available, including at least
three alternative scenarios utilizing existing structures and locations
outside Overlay District 2.
(10)
All applications for towers with heights greater than 20 feet
above the average tree line within a 100-foot radius must include
documentation as to why such greater height is necessary, and why
the proposed height is the minimum necessary at the proposed location,
and shall require findings by the Planning Board that both (1) such
additional height is necessary to accommodate additional carriers
and (2) the additional height will result in a limited visual impact.
No tower in Overlay District 2 shall be greater than 100 feet in height
above ground level. Omnidirectional (whip) antennas shall not be counted
in the height calculation.
[Amended 4-25-2023 ATM
by Art. 23]
(11)
No new towers within Overlay District 2 shall be located closer
to another freestanding wireless communications tower than 1/2 mile.
H.
Contents of application. An application for a special permit under § 240-5.8 shall consist of:
(1)
A locus plan clearly showing the proposed location with respect
to all surrounding properties and streets and containing thereon the
location of all lot lines, structures and driveways within 500 feet
of the location that is the subject of the application.
(2)
A proposed development plan consisting of one or more sheets
showing the proposed location of the tower, support buildings, fences,
driveway, parking spaces, utilities, and landscaping; proposed setbacks
from all lot lines; proposed setbacks from the nearest residential
building; proposed setback from, and height above mean sea level of,
the nearest electricity transmission tower; topography, both existing
and proposed, at five-foot intervals; the location of wooded areas,
including the average and maximum heights of the tree line within
200 feet of the proposed tower site; the location of wetland and buffer
zone areas, stone walls, easements proposed or of record, trails and
paths; the location of any trees over 12 inches in diameter proposed
for removal; and proposed locations of support equipment, additional
tower(s), and/or other facilities that may be needed in the future
to accommodate one or more additional carriers.
[Amended 4-25-2023 ATM
by Art. 23]
(3)
Narrative statements addressing each of the minimum requirements of Subsection G for the applicable overlay district.
(4)
A narrative statement and drawings describing and illustrating
how the visual and environmental impacts of the facilities will be
minimized. With respect to Wireless Communications Overlay District
2, factors addressed in this statement shall include the design of
structures housing support equipment (with adequate consideration
given to the potential to locate such structures underground, partially
depressing such structures to reduce impact and facilitate screening,
and designing the exterior to blend with surroundings); the design,
color and location of proposed towers; the design of fencing and security
barriers; the design of access roads, parking and utilities; cable
runs; and landscaping (with the objective being to minimize disturbance
of natural vegetation and designing new landscaping to simulate a
natural appearance).
(5)
Sight line representations of the site shall be provided illustrating views of the proposed site from the nearest point of the nearest public way and the nearest facade of the nearest residence (subject to the owner granting permission to use his property for such representations). Photographs shall also be provided from the same viewpoints (again with permission from the owner in the case of private property) to illustrate current views without the proposed facilities. A second set of the same photographs shall also be provided with an illustration of the proposed facilities superimposed on them. A maximum of two additional viewpoints may be requested by the Planning Board. Such submissions may be submitted with the initial application or after the on-site visit/demonstration as provided for in Subsection K.
[Amended 4-25-2023 ATM
by Art. 23]
(6)
Documentation, certified by a licensed RF engineer, that the
facility will not result in interference with public safety communications,
and that the facility will comply with FCC radiofrequency radiation
emissions standards.
(7)
A statement addressing environmental impacts, including stormwater
runoff, the use of hazardous materials, and noise. Such statement
shall include existing conditions at the site, current and projected
ambient noise levels, hazardous materials that will be used at the
site and the methods proposed to ensure that no such materials are
released into the environment. The statement shall address both construction
and permanent operation.
[Amended 4-25-2023 ATM
by Art. 23]
(8)
A statement certified by a licensed structural engineer documenting
that the design of the structure is capable of withstanding conditions
expected at the proposed location, and that the design of the tower
is such that excess stress will result in the collapse, not falling
over, of the tower.
(9)
A copy of the certified abutters list obtained by the applicant
from the Assessors' Office.
[Amended 4-25-2023 ATM
by Art. 23]
(11)
In the case of applications respecting Wireless Communications
Overlay District 2, topography of the proposed site, both existing
and proposed, at two-foot intervals.
[Amended 4-25-2023 ATM
by Art. 23]
I.
Filing of application.
(1)
Five copies of applications for special permits under this section
shall be prepared and filed with the Town Clerk as follows:
(2)
Immediately upon receipt of an application under this section
and the filing fee associated therewith, the Town Clerk shall transmit
three copies to the Planning Board, and one copy to the Board of Appeals.
J.
Review and comment by Board of Appeals and others.
(1)
The Board of Appeals shall review all applications under this
section. In the case of special permit applications for Planning Board
site plan review, the Board of Appeals shall make such recommendations
on each application as it deems appropriate and shall send copies
thereof to the Planning Board and the applicant. Board of Appeals
review shall be advisory and not directive. The failure of the Board
of Appeals to make written recommendations within 35 days of its receipt
of an application shall be deemed to be lack of opposition thereto.
(2)
The Planning Board may, by regulation or otherwise, solicit
the comment of other Town officials or boards prior to or during the
public hearing on the special permit application. In addition, the
Planning Board may, at the expense of the applicant, consult with
an independent RF engineer to review and evaluate the information
submitted by the applicant.
K.
On-site visit/demonstration. Between the filing of the application
and the public hearing date, a site visit shall be scheduled to allow
representatives of the Planning Board, Board of Appeals, and other
interested persons to view stakes or other means to illustrate the
footprint locations of the tower, equipment building, accessway, fencing,
and any other proposed facilities. On the day of the visit, a balloon,
crane or other representative object shall be placed at the height
of the proposed tower in order to demonstrate the visual impact on
the surrounding area, and other measures must be used to illustrate
the height of the equipment building. The day and time of the site
visit/demonstration shall be advertised in a local newspaper a minimum
of one week in advance. At least one alternate date shall be also
be announced in the event of inclement weather. The Planning Board
may, at its discretion, waive the requirement for a newspaper advertisement
if unfavorable weather conditions result in the cancellation of the
site visit/demonstration on both the primary and alternate dates.
[Amended 4-25-2023 ATM
by Art. 23]
L.
Conditions. Any special permit issued under this section shall include
as conditions the following:
(1)
All towers and other wireless communications facilities shall
be kept in good condition with regular maintenance for the duration
of the use.
(2)
Wireless communications facilities must be regularly updated in accordance with current technology if such updates will decrease the visual impact or other intrusive aspects of the facility. Such updates shall undergo a preliminary site plan review in accordance with the substantive and procedural requirements of § 240-5.3A(1).
(3)
All wireless communications facilities, or components thereof,
must be removed within 12 months of the cessation of use. The area
in which such facilities are located shall be restored to a natural
condition, and as close to its original condition, to the maximum
extent practicable.
(4)
To insure such regular maintenance as well as removal after
the cessation of use, a performance bond, in an appropriate amount
set by the Planning Board, shall be posted by the applicant prior
to the issuance of a building permit for the wireless communications
facility. Such bond shall be available for maintenance, removal and
disposal of the facilities, and restoration of the site to near its
original condition in the event these activities are not performed
or completed by the special permit holder.
(5)
The special permit shall specify any conditions related to future
co-location of additional wireless communications facilities at the
approved location.
(6)
The initial term of any special permit issued under this section
shall not exceed five years. Such special permits may be renewable
for additional maximum terms of five years upon application by the
special permit holder at least 90 days prior to the expiration of
a current term. Renewal applications shall contain documentation that
the conditions of the original special permit (or any previous renewals)
were met and maintained during the previous term.
M.
Special permits for wireless communications facilities outside Wireless
Communications Overlay District.
(1)
Planning Board special permit.
(a)
Wireless communications facilities outside the Wireless Communications Overlay District (except those allowed under Subsection D) shall be limited to the flagpole type or others that conform to the camouflaging standards listed below. Such facilities shall be subject to all dimensional requirements of § 240-4.2, and must be clearly secondary and incidental to the primary use of the property.
(b)
The provisions of Subsections F through L [except the height limit exception of Subsection G(1) and (10)] as they apply to Wireless Communications Overlay Districts shall apply to applications for locations outside the overlay districts with four added requirements as follows:
[1]
The contents of the application to the Planning Board shall
include documentation that at least three alternative scenarios utilizing
existing structures and the overlay districts to provide comparable
service to that of the proposed location or locations were considered
and rejected;
[2]
Topography of the proposed site, both existing and proposed,
shall be submitted at two-foot intervals;
[Amended 4-25-2023 ATM
by Art. 23]
[3]
All equipment and facilities shall meet the camouflaging standards
outlined below; and
[4]
A narrative statement and drawings describing and illustrating
how the visual and environmental impacts of the facilities will be
minimized shall be submitted. Factors addressed in this statement
shall include the design of structures housing support equipment (with
adequate consideration given to the potential to locate such structures
underground, partially depressing such structures to reduce impact
and facilitate screening, and designing the exterior to blend with
surroundings); the design, color and location of proposed towers;
the design of fencing and security barriers; the design of access
roads, parking and utilities; cable runs; and landscaping (with the
objective being to minimize disturbance of natural vegetation and
designing new landscaping to simulate a natural appearance).
(2)
Board of Appeals special permit for wireless communications
use in a residence district. In addition, a special permit from the
Board of Appeals shall be required for the wireless communications
towers in a residence district in excess of 35 feet. Such special
permits may allow a height up to a maximum of 20 feet above the average
tree height within a 100-foot radius of the proposed site (but in
no event in excess of 100 feet above ground level) if sufficient justification
is submitted by the applicant.
(3)
Camouflaging standards - personal wireless communications facilities
shall be camouflaged as follows:
(a)
Camouflage by location - a personal wireless communications
mount is considered camouflaged by location if it is (a) essentially
not visible from any public way or existing dwelling within 1,000
feet of the proposed location (provided that such distance may be
reduced by the Planning Board to 500 feet on a case-by-case basis),
and (b) not visible from, nor located within, any of the Scenic-Historic
Resources defined in Map 4-9 and Appendix D of the 1996 Open Space
and Recreation Plan; or
(b)
Camouflage by design - a personal wireless communications mount
is considered camouflaged by design if it is disguised as a building
or structure, either existing or new, appropriate in type and scale
to its location (e.g., a silo or barn in a field, a light standard
adjacent to a recreational area or parking lot, a fire tower in a
forest, flagpole in a park or cemetery), and the antennas are hidden
within or mounted on the structure in a manner which is "essentially
not visible."
(c)
Equipment shelters - equipment shelters for personal wireless
communications facilities shall be designed and constructed consistent
with one of the following:
[1]
Located in underground vaults; or
[2]
Designed consistent with traditional materials, color and design
of the area; or
[3]
Camouflaged behind an effective year-round landscape buffer,
equal to the height of the proposed building, and/or wooden fence;
or
[4]
Wholly enclosed within an existing or new building that would
otherwise be allowed or permitted.
(4)
Density - no tower outside the overlay district which is camouflaged
by location shall be located closer than 1/2 mile from any other tower.
Antennas within existing structures and camouflaged facilities appropriate
to the area (for example towers disguised as light standards adjacent
to a playground, or silos in a field) shall not be included in this
calculation.
N.
Planning Board decisions.
(1)
In order to encourage the location of wireless communications
facilities within the overlay districts, the Planning Board shall
vote on applications for locations within the overlay districts within
45 days of receiving a completed application (unless such time is
extended by agreement between the Planning Board and applicant).
(2)
The Planning Board shall file its decision with the Town Clerk
within 15 days of the vote.
[Added 1995]
A.
Purpose. The purpose of the Water Supply Protection District is to
provide that lands in the Town of Sherborn functioning as recharge
areas for community and nontransient, noncommunity water supply wells
shall not be used in such a manner as to endanger the public health
and safety in any district. Improper land uses in these sensitive
recharge areas can cause contamination of drinking water supplies.
[Amended 4-25-2023 ATM
by Art. 23]
B.
Regulations. A Water Supply Protection District shall be considered
to be superimposed over any other district established by this bylaw.
Land in a Water Supply Protection District may be used for any purpose
otherwise permitted in the underlying district except: underground
storage tanks of any kind of construction, holding any petroleum products
of any kind whatsoever, including gasoline, are prohibited.
C.
Location of Water Supply District. The location of the Water Supply
Protection District shall be those areas heretofore and hereafter
designated by the Commonwealth of Massachusetts Department of Environmental
Protection approval process for community and nontransient, noncommunity
water supply wells as "Zone I" or "Zone II" or "Interim Wellhead Protection
Area" or "Preliminary Zone I or Zone II," for any such water supply
well, irrespective of whether such well is physically located within
or without the limits of the Town of Sherborn, and shall include those
such zones as are described on a certain map entitled "South West
Water Supply Protection Plan, Map 1, Water Supply Study Area," issued
by the Metropolitan Area Planning Council GIS Lab, dated September,
1993, on file with the office of the Town Clerk.
[Amended 4-25-2023 ATM
by Art. 23]
[Added 2011; amended 4-25-2023 ATM by Art. 18]
A.
Purpose.
(1)
The purpose of this section is to promote the creation of new large-scale
ground-mounted solar photovoltaic facilities by providing standards
for the placement, design, construction, operation, monitoring, modification,
and removal of such facilities that address public safety, minimize
impacts on scenic, natural, and cultural resources and to provide
adequate financial assurance for the eventual decommissioning of such
facilities.
(2)
This section aims to balance the rights of landowners to use their
land to develop solar photovoltaic facilities while protecting the
health, safety and welfare of the public.
(3)
This section encourages the use of solar energy systems and protects
solar access consistent with MGL c. 40A, §§ 9 and 9B
(solar access); the 2008 Green Communities Act, MGL 2008; Global Warming
Solutions Act and the 2021 Act Creating a Next-Generation Roadmap
for Massachusetts Climate Policy. This section is also consistent
with Sherborn's Master Plan and Open Space and Recreation Plan that
provide guidance on the balance of uses within the Town's boundaries.
It is noted that the Department of Energy Resources (DOER) strongly
discourages designating locations that require significant tree cutting,
because of the important water management, cooling and climate benefits
trees have. DOER encourages designating locations in industrial and
commercial districts or on disturbed land.
(4)
The provisions set forth in this section shall apply to the construction,
operation, and/or repair of large-scale ground-mounted solar photovoltaic
facilities.
B.
Applicability.
(1)
A Large-Scale Ground-Mounted Solar Photovoltaic Facilities Overlay
District is hereby established, and shall be considered as superimposed
over any other districts established by this chapter, and as shown
on the map entitled "Large-Scale Ground-Mounted Solar Photovoltaic
Facilities Overlay District," dated January 29, 2023, on file in the
Planning Board office and included herein. This overlay district shall
be in addition to the existing Solar Photovoltaic Facilities Overlay
District.
(2)
This section applies to large-scale ground-mounted solar photovoltaic
facilities proposed to be constructed after the effective date of
this section both within (as-of-right) and outside (by special permit)
the overlay district. This section also pertains to physical modifications
that materially alter the type, configuration, or size of these facilities
or related equipment.
(3)
The requirements of this section shall apply to a large-scale ground-mounted
solar photovoltaic facility regardless of whether it is the primary
use of the property or an accessory use.
(4)
This section is not intended to regulate systems of fewer than 250
kilowatts (kW) direct current (DC), roof-mounted systems, or solar
parking canopies.
C.
AS-OF-RIGHT SITING
BATTERY(IES)
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
DESIGNATED LOCATION
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC FACILITY
OFF-GRID SYSTEM
ON-SITE SOLAR PHOTOVOLTAIC FACILITY
RATED NAMEPLATE CAPACITY
SMALL-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC FACILITY
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR PHOTOVOLTAIC ARRAY
SOLAR PHOTOVOLTAIC FACILITY
SOLAR PHOTOVOLTAIC FACILITY SITE PLAN OR SPECIAL PERMIT REVIEW
Definitions.
"As-of-right siting" shall mean that development may proceed
without the need for a special permit, variance, amendment, waiver,
or other discretionary approval. As-of-right development shall be
subject to site plan review to determine conformance with local zoning
ordinances or bylaws. Projects cannot be prohibited but can be reasonably
regulated where necessary to protect public health, safety or welfare
by the Planning Board.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
A "battery energy storage system" (BESS) is an electrochemical
device that charges (or collects energy) from the electrical grid
or an electricity generating facility, such as a large-scale ground-mounted
solar photovoltaic facility, and then discharges that energy at a
later time to provide electricity or other grid services when needed.
The location(s) designated in accordance with MGL c. 40A,
§ 5, where large-scale ground-mounted solar photovoltaic
facilities may be sited as-of-right. Said locations are shown on a
Zoning Map entitled "Solar Photovoltaic Overlay District," pursuant
to MGL c. 40A, § 4. This map is hereby made a part of this
Zoning Bylaw and is on file in the office of the Town Clerk.
A solar photovoltaic system that is structurally mounted
on the ground and has a minimum rated nameplate capacity of 250 kW
DC.
A solar photovoltaic facility where all energy generated
on the facility site is consumed on that site and does not send any
energy into the electrical grid for distribution.
A solar photovoltaic facility that is constructed at a location
where other uses of the underlying property occur.
The maximum rated output of electric power production of
the solar photovoltaic system in direct current (DC).
A solar photovoltaic system that is structurally mounted
on the ground and has a minimum rated nameplate capacity of under
250 kW DC and less than one acre in size.
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar energy system.
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for
the collection, storage, and distribution of solar energy for space
heating or cooling, electricity generation, or water heating.
An arrangement of solar photovoltaic panels.
A solar energy system that converts solar energy directly
into electricity through an arrangement of solar photovoltaic panels.
A review by the Planning Board to determine conformance with
the Town's Zoning Bylaw.
D.
Dimensional
requirements.
(1)
Setbacks.
(a)
For large-scale ground-mounted solar photovoltaic facilities within
the overlay district, front, side, and rear setbacks shall be the
same as required in the zoning district.
(b)
For large-scale ground-mounted solar photovoltaic facilities outside
the overlay district, front, side, and rear setbacks shall be 100
feet; provided, however, that if a front lot line abuts a public way
or a side or rear lot line abuts one or more residences within 100
feet of that line, the setback for that lot line shall be 200 feet.
(c)
The Planning Board may allow a lesser setback along a property line
where, in its judgment, the proposed facility is not likely to negatively
affect an existing or allowed land use on the abutting property.
(2)
Maximum lot coverage.
(a)
Maximum lot coverage shall be 50% for projects outside the overlay district. The coverage area includes the entire facility, including, but not limited to, all solar panels, fenced areas, appurtenances, including but not limited to battery energy storage systems, buildings, storage areas, construction staging and lay-down areas, and transformers and poles, site access roads, and parking along with a perimeter area around all the above or all areas of disturbed land, whichever is greater. The remaining area of the parcel shall be preserved in its natural state, and the estimated carbon in the preserved area must exceed the carbon lost in the converted area (See mitigation subsection in § 240-5.10O.
E.
Appurtenant/accessory
structures. All appurtenant structures to large-scale ground-mounted
solar photovoltaic facilities shall be subject to reasonable regulations
concerning the bulk and height of structures, lot area, setbacks,
open space, parking and building coverage requirements. All such appurtenant
structures, including, but not limited to, equipment shelters, storage
facilities, transformers, and substations, shall be screened from
view by vegetation or structures using traditional development forms
and materials. Whenever reasonable, structures should be joined or
clustered to avoid adverse visual impacts.
F.
Battery
energy storage systems.
(1)
Battery energy storage systems may not be in Massachusetts Department
of Environmental Protection-designated Zone 1 wellhead protection
areas or in the Federal Emergency Management Agency-designated flood
hazard area.
(2)
The system must be contained within a structure with the following
features: a temperature and humidity-maintained environment; an impervious
floor with a containment system for potential leaks of hazardous materials,
and protection from water penetration; a smoke/fire detection, fire
alarm, and fire suppression system; a thermal runaway system; and
a local disconnect point or emergency shutdown feature such as an
energy storage management system. The containment area must be designed
so that in event of a fire, fire extinguishing chemicals will be completely
contained.
(3)
The structure and systems must be approved by the Sherborn Fire Chief
and must be designed and installed in accordance with all applicable
state codes and safety requirements as well as safety measures recommended
by the National Fire Protection Association's Standard for the Facility
of Stationary Energy Storage Systems.[1] Periodic inspections to ensure the integrity of the batteries,
other equipment, and the containment system may be required as conditions
of the site plan review or special permit.
[1]
Editor's Note: See NFPA 855, Standard for the Installation
of Stationary Energy Storage Systems.
(4)
Spent or expired battery units must be immediately removed from the
site and disposed of in accordance with applicable local, state, and
federal hazardous waste disposal laws and regulations.
G.
Compliance
with laws and regulations. The construction and operation of all large-scale
ground-mounted solar photovoltaic facilities shall be consistent with
all applicable local, state, and federal requirements, including but
not limited to all applicable safety, construction, electrical, and
communications requirements. All buildings and fixtures forming part
of a large-scale ground-mounted solar photovoltaic facility shall
be constructed in accordance with the State Building Code.[2]
[2]
Editor's Note: See 780 CMR.
H.
Building
permit. No large-scale ground-mounted solar photovoltaic facilities
shall be constructed, installed, or modified as provided in this section
without first obtaining a building permit. No building permit shall
be issued and no application for such permits shall be accepted for
construction, exterior alteration, relocation, or change in use unless
a site plan has been approved or special permit has been granted by
the Planning Board, after consultation with other boards, including
but not limited to the following: Building Inspector, Board of Health,
Select Board, Historical Commission, Historic District Commission,
Conservation Commission, Department of Public Works, Fire Department,
and Police Department. The Planning Board may waive any or all requirements
of site plan review for external enlargements of less than 10% of
the existing occupied area.
I.
Site
plan and special permit review and performance standards.
(1)
Large-scale ground-mounted solar photovoltaic facilities within the
overlay district shall undergo site plan review and those outside
the overlay district shall undergo special permit review by the Planning
Board prior to construction, installation, or modification as provided
in this section. The Planning Board shall consider and apply the requirements
set forth in this section in reviewing and deciding an application
for site plan or special permit approval. If the provisions of site
plan review under this section are in conflict with the site plan
review of the Zoning Bylaw, the regulations pertaining to site plan
review of the large-scale ground-mounted solar photovoltaic facility
shall apply.
(2)
The applicant may participate in a preapplication conference with
the Planning Board prior to the submittal of a formal application
to discuss required documents, including site-specific analyses.
(3)
All plans and maps shall be prepared, stamped, and signed by a professional
engineer licensed to practice in Massachusetts. All applications and
plans shall be filed with the Planning Board, along with the applicable
fee(s).
(4)
The application packet must contain all the appropriate application
fees, forms, and number of copies of all plans and supporting documentation,
as well as required abutter information. The application packet shall
be submitted to the Town Clerk, who shall stamp the application with
the date received and shall immediately notify the Chair of the Planning
Board of a submitted application packet.
(5)
The Planning Board shall, within 30 calendar days of the receipt
of the application by the Town Clerk, determine whether the application
is complete or incomplete and shall notify the applicant, in writing,
by certified mail. If the Planning Board determines the application
to be incomplete, the Board shall provide the applicant with a written
explanation as to why the application is incomplete and request the
information necessary to complete the application. Any additional
information submitted by the applicant starts a new thirty-calendar-day
completeness review.
(6)
Upon receipt of an application, the Planning Board may engage, at
the applicant's cost, professional and technical consultants, including
legal counsel, to assist the Planning Board with its review of the
application, in accordance with the requirements of MGL c. 44, § 53G.
The Planning Board may direct the applicant to deposit funds with
the Planning Board for such review at the time the application is
determined to be complete and may direct the applicant to add additional
funds as needed upon notice. Failure to comply with this subsection
shall be good grounds for denying the application. Upon approval of
the application, any excess amount attributable to the application
processing by the Planning Board, including any interest accrued,
shall be refunded to the applicant.
(7)
The Planning Board may impose reasonable terms and conditions on
the construction, installation, or modification of any large-scale
ground-mounted solar photovoltaic facility, but it shall not have
discretionary power to deny the use within the overlay district.
(8)
The Planning Board shall include required findings it will consider
in its approval or denial of a special permit as consistent with the
public health, safety and welfare provisions of the Zoning Act.[3] Such findings or matters may include, but are not limited
to:
(a)
The proposed development's consistency with the Master Plan and/or
Open Space and Recreation Plan;
(b)
The proposed development's consistency with local zoning;
(c)
The proposed development's consistency with the general purpose and
intent of this section;
(d)
The proposed development's consistency with the character and scale
of other developments permitted in the same district and the maintenance
of the community's character in the area surrounding the site;
(e)
The rights of abutting and neighboring landowners to live without
undue disturbance or exposure to pollutants from the development;
(f)
The protection of natural, cultural and scenic resources on and around
the site.
[3]
Editor's Note: See MGL c. 40A.
J.
Required
documents.
(1)
Pursuant to the site plan review process, the project proponent of
a large-scale ground-mounted solar photovoltaic facility shall provide
the following documents:
(a)
An existing conditions plan with property lines and physical features,
including abutting land uses and location of structures within 100
feet of the site, topography and roads, characteristics of vegetation
(mature trees, shrubs, open field, etc.), and wetlands, for the project
site;
(b)
Proposed changes to the landscape of the site, including grading;
vegetation clearing and planting; exterior lighting, including locations,
type and wattage; screening vegetation or structures; sign(s) location(s);
service vehicle parking and access roads; and stormwater management
systems. The square footage of each disturbed area shall be identified
on a plan, and details of any site alteration, including number, sizes,
and species of trees to be removed, shall be provided. A calculation
of slopes throughout the site as a percentage over consecutive 100-foot
distances;
(c)
Blueprints or drawings of the solar photovoltaic facility signed
by a professional engineer licensed to practice in the Commonwealth
of Massachusetts, showing the proposed layout of the system, any potential
shading from nearby structures or vegetation, the distance between
the system and all property lines, existing on-site buildings and
structures, and the tallest finished height of the solar array;
(d)
One- or three-line electrical diagram detailing the solar photovoltaic
facility, associated components, and electrical interconnection methods,
with all Massachusetts Electrical Code-compliant disconnects and overcurrent
devices;
(e)
Documentation and technical specifications of the major system components
to be used, including the photovoltaic panels, mounting system, inverter(s),
and any storage batteries;
(f)
Proposed wattage of the solar photovoltaic facility solar power generation
indicated in both direct current (DC) and alternating current (AC);
a notation shall be included explaining the difference, e.g., loss
in conversion from DC to AC;
(g)
Locations and details of all security measures for the site;
(h)
Name, address, and contact information for proposed system installer;
(i)
Name, address, phone number, and signature of the project proponent,
as well as all co-proponents or property owners, if any;
(j)
The name, contact information and signature of any agents representing
the project proponent;
(k)
Documentation of actual or prospective access and control of the
project site sufficient to allow for construction and operation of
the proposed solar photovoltaic facility;
(l)
A plan for the operation and maintenance of the solar photovoltaic
facility;
(m)
Zoning district designation for the parcel(s) of land comprising
the project site [submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose];
(n)
A utility connection plan and an acknowledgment of application from
the electric utility (not required for off-grid facilities);
(o)
A list identifying all off-site electrical system improvements necessary
to the electrical grid to accommodate the power from the proposed
facility and identification of what entity is paying for such improvements;
(p)
Proof of liability insurance: The owner or operator of the large-scale
ground-mounted solar photovoltaic facility shall provide the Town
Clerk with a certificate of insurance showing that the property has
sufficient liability coverage pursuant to industry standards;
(q)
A public outreach plan, including a project development time line,
which indicates how the project proponent will meet the required site
plan review notification procedures and otherwise inform abutters
and the community;
(r)
Description of financial surety;
(s)
Proof that the project proponent will meet the required site plan
review notification procedures;
(t)
Preconstruction photos from the right-of-way and nearest abutters;
these photos should include tree coverage;
(u)
A visualization (rendering or photo simulation) of post-construction
solar development, including perspectives from right(s)-of-way, nearest
abutting properties or residential structures, and tree coverage.
The Planning Board may request additional visualizations and/or visual
impact analysis in cases where the project is likely to be visible
from significant areas;
(v)
A glare analysis and proposed mitigation, if any, to minimize the
impact on affected properties and roads;
(w)
Documentation by an acoustical engineer of the noise levels projected
to be generated by both the facility and operation of the facilities;
(x)
Location and approximate height and percent tree cover on the site
at the time of application filing. Trees with a diameter at breast
height (DBH) of six inches for hardwoods and 12 inches for softwoods
or greater within project parcel(s) shall be identified to determine
tree loss, along with an inventory of diseased or hazard trees slated
to be removed due to proposed development;
(y)
Documentation of all soils types, as identified on the United States
Natural Resources Conservation Service soils survey, on all land involved
with the project;
(z)
Locations of natural and cultural resources based on reviews of publicly
available data or consultation with Town staff and state agencies.
[1]
Such locations to include:
[a]
Active farmland and prime farmland soils, floodplains, wetlands
and vernal pools (an order of resource area delineation may be required),
wellhead protection areas, permanently protected open space, Natural
Heritage and Endangered Species Program (NHESP) estimated and priority
habitats, biomap critical natural landscape and core habitat;
[b]
Locations of inventoried historic buildings, Local or National
Register Historic Districts, and scenic roads, and archaeologically
sensitive areas.
[2]
These locations can be identified using MassGIS, the Massachusetts
Historical Commission's (MHC) Massachusetts Cultural Resources Information
System (MACRIS) and through filing a project notification form (PNF)
with MHC; reviewing local plans such as the Master Plan and Open Space
and Recreation Plan; and through consultation with Town staff. The
Planning Board, at its discretion, may require these locations be
described on a map and/or in a narrative depending on the sensitivity
of the resources identified;
(aa)
Stormwater management and erosion and sediment control plans;
(bb)
A complete list of chemicals, fuels, and any other hazardous materials
to be used in both the construction and operation phase;
(cc)
A calculation of earthwork operations listing the amount of soil
and/or rock to be imported or exported from the site. If any material
is to be imported, such material shall be clean and without contamination
by hazardous substances or invasive species and must be obtained from
a source(s) approved by the DPW;
(dd)
Provision of water, including that needed for fire protection;
(ee)
A photometric plan documenting no light spillage on to abutting property.
(2)
Upon the applicant's written request submitted as part of the application,
the Planning Board may waive any documentary requirements as it deems
appropriate.
K.
Site
control. The project proponent shall submit documentation of actual
or prospective access and control of the project site sufficient to
allow for construction and operation of the proposed large-scale ground-mounted
solar photovoltaic facility.
L.
Operation
and maintenance plan.
(1)
The project proponent shall submit a plan for the operation and maintenance
of the large-scale ground-mounted solar photovoltaic facility, which
shall include measures for maintaining safe access to the facility,
stormwater controls, storm preparedness and response, hazardous materials
and waste management, as well as general procedures for and frequency
of operational maintenance of the facility. A signed agreement with
a maintenance company shall be included, as applicable.
(2)
The operation and maintenance plan shall include measures for maintaining
year-round safe access for emergency vehicles; snowplowing; stormwater
controls; and general procedures; and a yearly schedule for the operation
and maintenance of the facilities, including fencing and maintenance
of landscaping. As much as possible, consideration should be given
to performing operations and maintenance using electric vehicles and
equipment to decrease noise and air pollution.
(3)
The operation and maintenance plan should include a training component
and schedule for emergency services staff along with any designees
the Planning Board deems necessary.
M.
Utility
notification. No large-scale ground-mounted solar photovoltaic facility
shall be constructed until evidence has been given to the Planning
Board that the utility company that operates the electrical grid where
the facility is to be located (Eversource or successor company) has
been informed of the solar photovoltaic facility owner or operator's
intent to install an interconnected, customer-owned generator as well
as documentation from said utility that it will connect the proposed
customer-owned generator into its power grid. Off-grid systems shall
be exempt from this requirement.
N.
Design
standards.
(1)
Access roads. Access roads shall be planned and constructed in consultation
with the Department of Public Works and to minimize grading, stormwater
runoff, removal of trees, and to minimize impacts to natural or cultural
resources. At the Planning Board's discretion, roads should be curved
to limit direct views into the project, especially from scenic roads.
(2)
Lighting.
(a)
Lighting of solar photovoltaic facilities shall be consistent with
local, state, and federal law. Lighting of other parts of the facility,
such as appurtenant structures, shall be limited to that required
for safety and operational purposes and shall be reasonably shielded
from abutting properties. Where feasible, lighting of the solar photovoltaic
facility shall be directed downward and shall incorporate full cutoff
fixtures to reduce light pollution.
(b)
Lighting of solar photovoltaic facilities shall be limited to nighttime
maintenance and inspections by authorized personnel. There should
be no illumination when personnel are not on the site.
(3)
Signage.
(a)
Signs on large-scale ground-mounted solar photovoltaic facilities
shall comply with the sign bylaw.[4] A sign consistent with the sign bylaw shall be required
to identify the owner and provide a twenty-four-hour emergency contact
phone number of the facility owner or operator. Solar photovoltaic
facilities shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the
solar photovoltaic facility.
(b)
"No trespassing" signs, signs required to warn of danger, and educational
signs providing information about the project may be exempted from
this requirement. As much as possible, signs should be grouped together
to reduce sign clutter.
(4)
Utility connections. Reasonable efforts shall be made to place all
utility connections from the solar photovoltaic facility underground,
depending on appropriate soil conditions, shape, and topography of
the site and any requirements of the utility provider. Electrical
transformers for utility interconnections may be aboveground if required
by the utility provider.
(5)
Glare.
(a)
Solar panels, to the maximum extent feasible, shall be positioned
and landscaped so as not to create glare and to minimize glare on
surrounding occupied structures. The large-scale ground-mounted solar
photovoltaic facility shall be positioned to minimize glare on any
residence or public way. The applicant should submit a ratings and
technical specifications for the solar panels to ensure minimal reflectivity.
(b)
The design of the facility shall prevent reflected solar radiation
or glare from becoming a public nuisance or hazard to adjacent buildings,
roadways, or properties. Design efforts may include, but not be limited
to, deliberate placement and arrangement on the site, antireflective
materials, solar glare modeling, and screening in addition to required
landscaping.
(6)
Visual impact. A visual impact assessment shall be conducted that
follows established protocols. Such assessment should include the
following:
(a)
Design narrative. A narrative that describes how the project has
been configured or located and how it avoids or minimizes visual impacts,
including tree removal. Maps and documentation of the analysis conducted
shall accompany the narrative and be used to generally describe the
anticipated visibility of the project. The narrative should provide
details concerning alternative configurations or sites that were evaluated
in the design process and the design/mitigation strategies employed
to reduce any visual impact to sensitive resources and tree removal.
(b)
Inventory. An inventory and description of the cultural and scenic
resources located within the viewshed of the proposed activity, including
historic structures and historic districts; scenic roads, cultural
landscapes, and vistas (open areas that are visible from public roads);
and recreational areas. Information on these resources may be found
by searching MACRIS and by reviewing Sherborn's Master Plan and Open
Space and Recreation Plan.
(c)
Visualizations and simulations. The applicant shall utilize tools
such as photo-simulations and/or viewshed analyses through renderings,
line-of-sight studies, and/or two- or three-dimensional visualizations
[i.e., photomontage, video montage, animation produced through Spatial
Information Systems (SIS) and Geographic Information Systems (GIS)]
to assess the visual impacts and describe the anticipated effect of
the proposed project on the region's scenic and cultural resources.
The number of simulations required will depend on the anticipated
impact and the sensitivity of the resources present. The visual impact
assessment should include consideration of all parts of the project,
including all associated infrastructure. In the event more than one
alternative is being considered, the visual impact of all alternatives
should be evaluated by the applicant. The assessment should map locations
along local public ways where the solar facility is visible above
visual horizon and anticipate locations, such as high elevation points
or across water bodies, where distant views are possible.
(d)
Mitigation. Proposed mitigation measures, as applicable. Mitigation
may include careful siting, siting away from scenic resources and
key viewsheds, curvilinear access roads, and screening.
(7)
Fencing.
(a)
Appropriate measures shall be taken to prevent the solar arrays from
being damaged or tampered with by individuals trying to access the
area of the facility. The method of securing the site shall be subject
to the approval of the Planning Board.
(b)
The need for fencing shall be determined by the applicant unless
such fencing is needed to comply with Town bylaws and/or as required
per the Massachusetts Electrical Code. If installed, such fencing
shall be no more than 10 feet tall, shall be placed at least six inches
off the ground to allow migration of wildlife, and shall have an emergency
access system padlock or box at each gate. The fence shall be consistent
with the character of surrounding properties, set back from roadway
frontage and public areas, and screened by vegetation.
(8)
Screening.
(a)
The large-scale ground-mounted solar photovoltaic facility shall
be designed to minimize its visibility, including preserving natural
vegetation to the maximum extent possible, blending in equipment with
the surroundings, adding vegetative buffers and/or fencing to provide
an effective visual barrier from adjacent roads and driveways, and
from abutting dwellings. The facility shall be effectively screened
year-round from all public and private ways and from adjacent residential
lots. The Planning Board may alter or waive this requirement if such
screening would have a detrimental impact on the operation and performance
of the array.
(b)
Where existing vegetation in the setbacks is insufficient to achieve
year-round screening, additional screening shall be provided, including,
but not limited to, planting of dense vegetative screening, fencing,
berms, use of natural ground elevations and/or land contouring, all
depending on site-specific conditions. Tree cutting within the required
setback area shall not be permitted if it would reduce to any degree
the effectiveness of the year-round screening.
(c)
If additional plantings are required for screening, a planting plan
shall be submitted showing the types, sizes, and locations of material
to be used, using a diversity of plant species native to New England,
and shall be subject to the approval of the Planning Board. Plantings
shall include a variety of native trees and shrubs of varying heights,
staggered to effectively screen the facility from view during construction
and operations. The depth of the vegetative screen shall be a minimum
of 100 feet. At least 75% of the plantings shall consist of evergreens
and shall be evenly spaced throughout the setback area.
(d)
Plantings should include native plants that provide food, pollen,
and/or shelter for native wildlife and follow a "food forest" model,
integrating trees, shrubs, perennial plants and ground covers to mimic
a native woodland that creates habitat and food for local wildlife.
Unless an alternative is approved by the Planning Board, the wildlife
habitat establishment and maintenance plan shall create a pollinator-friendly
wildflower meadow immediately around the facility.
(e)
Use of invasive plants, as identified by the most recent version
of the "Massachusetts Prohibited Plant List" maintained by the Massachusetts
Department of Agricultural Resources, is prohibited. Cultivars of
native plants may be acceptable if sourcing of native species is not
possible.
(f)
Planting of the vegetative screening shall be completed prior to
connection of the facility. Plants shall be maintained and replaced
if unhealthy by the owner/operator of the facility for the life of
the facility. If vegetative screening cannot be planted due to the
season, a performance bond to cover the cost of, and ensure implementation
of, the vegetation plan may be accepted by the Planning Board, but
the screening must be planted as soon as weather conditions are appropriate.
(g)
Large-scale ground-mounted solar photovoltaic facilities shall not
be approved unless the system design provides screening and buffers
to protect scenic vistas and viewsheds from residential uses, public
streets and any waterways or water bodies.
O.
Safety
and environmental standards.
(1)
Emergency services.
(a)
The large-scale ground-mounted solar photovoltaic facility owner
or operator shall provide a copy of the project summary, electrical
schematic, and site plan to the local Fire Chief. Upon request, the
owner or operator shall cooperate with local emergency services in
developing an emergency response plan, which may include ensuring
that emergency personnel have immediate, twenty-four-hour access to
the facility. All means of shutting down the solar photovoltaic facility
shall be clearly marked on the plan. The owner or operator shall identify
a responsible person for public inquiries throughout the life of the
facility, whether or not operational. These components shall be included
in the operation and maintenance plan.
(b)
The Operation and Maintenance Plan shall periodically be jointly
reviewed and updated as necessary by the operator of the facility
and the Fire and Police Departments at a frequency to be determined
by the Fire Department. Safety personnel may request at any time that
the operator provide on-site training in accessing and shutting down
the operation of the facility.
(c)
The operator shall identify a qualified contact person who will provide
assistance to local officials during an emergency. The operator shall
update the contact information whenever there is a change in the contact
person.
(2)
Storm preparedness. Large-scale ground-mounted solar photovoltaic
facilities shall include racking, foundations, and module connection
systems designed to withstand sustained hurricane-force winds or damage
from windblown debris. Storm preparedness and response considerations
shall be included in the operation and maintenance plan.
(3)
Land clearing.
(a)
Archaeological impacts. Any work on undeveloped properties, or on
land that has not been disturbed in recent history, requires consideration
of archaeological resources to determine whether significant resources
are present. All archaeological investigations and site work requires
a permit from the State Archaeologist at MHC. MHC maintains an inventory
of known archaeological sites and uses that information to build a
predictive model to estimate where other archaeological sites are
likely to be found. Depending on the amount of ground disturbance
proposed, if a property is archaeologically sensitive or likely to
contain archaeological resources, an archaeological survey may be
required; tree removal and regrading would require an archaeological
survey, whereas projects with minimal ground disturbance and using
minimal soil impact methods may not.
(b)
Natural resources impacts.
[1]
The applicant shall be required to provide a natural resources inventory
describing the soils, vegetation, wildlife, and wetlands on and around
the site that may be adversely impacted by the development and to
help inform project design and mitigations.
[2]
Clearing of natural vegetation and soils shall be limited to what
is necessary for the construction, operation, and maintenance of the
proposed facility or otherwise prescribed by applicable laws, regulations,
and bylaws.
[3]
Existing vegetative cover, root structures, flat field or gravel
areas, and topsoil shall be maintained to the maximum extent practicable
to prevent soil erosion. Any displaced soils shall be returned to
the areas affected, if feasible, except soils likely to be infested
with invasive plant seeds, which should be disposed of in a manner
that does not allow seeds or vegetative material contained within
the soil to regrow. Ground surface areas beneath solar arrays and
setback areas shall be pervious to maximize on-site infiltration of
stormwater. Where removal of naturally occurring vegetation such as
trees and shrubs is planned, the owner of the facility must demonstrate
that the removal of this vegetation is necessary and its presence
adversely affects the performance and operation of the facility.
[4]
To avoid or minimize greenhouse gas emissions from cleared trees
and shrubs and the need to transport these to landfills or other distant
disposal sites, as practicable and depending on site conditions and
in accordance with local, state, and federal waste disposal regulations,
consideration should be given to the reuse on-site of tree and shrub
debris as wildlife habitat features, landscaping mulch, and/or for
erosion and sediment control. To decrease the rate of carbon emissions
from cleared trees, the chipping of logs should be minimized and unmarketed
whole logs should be left to decay.
[5]
Applicants are encouraged to explore opportunities to repurpose downed
trees into durable wood products to retain stored carbon. As an alternative
to transporting tree and shrub debris to be burned at a waste-to-energy
facility, applicants should endeavor to make suitable firewood available
to residents of the local community who heat their homes with wood.
[6]
Ballasts, screw-type, or post-driven pilings and other acceptable
minimal soil impact methods that do not require footings or other
permanent penetration of soils for mounting are required, unless the
need for alternatives can be demonstrated. Any soil penetrations that
may be required for providing system foundations necessary for additional
structural loading or for providing system trenching necessary for
electrical routing shall be done with minimal soils disturbance, with
any displaced soils to be temporary and recovered and returned after
penetration and trenching work is completed. No concrete or asphalt
shall be allowed in the mounting area other than ballasts or other
code-required surfaces, such as transformer or electric gear pads.
The use of geotextile fabrics shall be limited.
[7]
A large-scale ground-mounted solar photovoltaic facility shall, to
the greatest extent practicable, be clustered and located in or adjacent
to areas of the site where the land has already been cleared of vegetation
to avoid habitat fragmentation.
(4)
Vegetation plantings and plant and animal management.
(a)
The open areas within the solar array and between the array and any
vegetated buffers, including stormwater management areas, shall be
seeded with a native seed mix, with a preference for native ground
covers and deep-rooted native grasses suitable for site stabilization
and erosion control and adapted to Sherborn's soils, and that are
low maintenance (i.e., requiring no fertilizers, pesticides, or herbicides;
no irrigation except as may be necessary for initial plant establishment;
drought-tolerant, and attractive to native pollinators and other wildlife)
and maintained as plant, bird and insect habitat. A diversity of plant
species native to New England shall be used. Use of invasive plants,
as identified by the most recent version of the "Massachusetts Prohibited
Plant List" maintained by the Massachusetts Department of Agricultural
Resources, is prohibited.
(b)
Alternative vegetation or cover options may be proposed by the applicant
in consideration of soil type and quality, subject to the approval
of the Planning Board. Such alternatives may include agricultural
crops; for example, on sites with prime farmland soils. Existing gravel
areas that are well-drained and stable do not require the addition
of topsoil. To avoid the introduction of invasive plant seeds, topsoil
shall not be imported into any project sites unless there is a demonstrated
engineering need and must be approved by the Planning Board prior
to any introduction.
(c)
A continuous herbaceous ground cover layer will be maintained, and
any bare or partially bare areas should be replanted on an annual
basis. Any signs of erosion, soil rutting or soil compaction should
be remediated within 30 days. There will be annual inspection and
report documenting vegetation coverage and avoidance of erosion or
soil disturbance, as well as noting any areas of persistent water-saturated
soils. Inspection by a PB representative will be allowed to assess
vegetative conditions.
(d)
The introduction of invasive species shall be prevented to the greatest
extent practicable during any construction, maintenance, or removal
of a solar photovoltaic facility, through the use of current best
practices.
(e)
To protect the water supply, planting of low-growing ground covers
or grasses and/or regular mowing of other types of grasses to ensure
minimal fuel for wildfires in areas around panels shall be included
in plant management plans.
(5)
Fill.
(a)
All fill used in connection with any project will be clean fill,
containing no garbage, refuse, rubbish, industrial or commercial or
municipal fill or waste, demolition debris, or septic sludge, including,
but not limited to, lumber, wood, stumps, invasive plants, plaster,
wire, rubbish, asphalt, coal, slag, pipes, lathe, paper, cardboard,
glass, metal, tires, ashes, appliances, motor vehicles or parts of
any of the foregoing. No fill containing levels of oil or hazardous
materials above RCS-1 reportable concentrations and GW-1/S-1 Method
1 Risk Based Standards, as described in the Massachusetts Contingency
Plan (MCP, 310 CMR 40.0000) environmental regulations, as revised,
will be used in connection with any project.
(b)
The source of any fill will be made known, in writing, to the Planning
Board at least one week prior to placement at the site. A certification
statement from the material supplier shall be provided stating that
the fill material is free of debris and contamination as stated above.
The Planning Board reserves the right to require specific additional
chemical testing of fill by a third party, at the applicant's expense,
prior to placement at the site.
(6)
Stormwater management. A large-scale ground-mounted solar photovoltaic facility shall comply with Chapter 200, Stormwater Management. Review for compliance with that bylaw shall be concurrent with the review of the site plan or special permit for the large-scale ground-mounted solar photovoltaic facility. No separate permit is necessary.
(7)
Wetlands. No large-scale ground-mounted solar photovoltaic facility
shall be located within resource areas protected by the Massachusetts
Wetlands Protection Act[5] or Chapter 226, Wetlands. Any work proposed within 100 feet of such areas shall be subject to the jurisdiction of the Sherborn Conservation Commission.
[5]
Editor's Note: See MGL c. 131, § 40.
(8)
Hazardous waste.
(a)
No hazardous waste shall be discharged on the site. Hazardous materials
stored, used, or generated on-site shall not exceed the amount for
a very small quantity generator of hazardous waste as defined by the
Massachusetts Department of Environmental Protection pursuant to 310
CMR 30.000 and shall meet all requirements of the Department of Environmental
Protection, including storage of hazardous materials in a building
with an impervious floor that is not adjacent to any floor drains
to prevent discharge to the outdoor environment.
(b)
If any hazardous materials, including, but not limited to, lithium-ion
storage batteries, are used within the solar electric equipment, then
impervious containment areas capable of controlling and containing
any release of hazardous materials to the environment and to prevent
potential contamination of groundwater are required.
(c)
To mitigate the potential for hazardous materials release from any
proposed transformers, only nontoxic, biodegradable transformers,
fluid- or dry-cooled transformers are to be used.
(d)
A list of any hazardous materials proposed to be located on the site
and a plan to prevent their release shall be provided to the Planning
Board and Fire Chief.
(9)
Mitigation.
(a)
Mitigation for loss of wildlife habitat within the facility. If undeveloped
forested land is proposed to be converted to a large-scale ground-mounted
solar photovoltaic facility, the plans shall show mitigation measures
that create a native wildlife habitat within and immediately around
the facility and a successional forest in the surrounding areas managed
to prevent shading until the facility is decommissioned and the site
restored to forest.
(b)
Mitigation for loss of carbon sequestration and forest. If undeveloped
forested land is proposed to be converted to a large-scale ground-mounted
solar photovoltaic facility, the plans shall designate an area of
unprotected land (i.e., land that could otherwise be developed under
current zoning) either on the same parcel on a contiguous parcel(s)
or a location within Sherborn approved by the Planning Board, following
consultation with the Conservation Commission, to be preserved. Such
designated land shall remain in substantially its natural condition
without alteration except for routine natural resources management
practices until such time as the facility is decommissioned. The special
permit shall be conditioned to effect and make enforceable this requirement.
[1]
The plans shall estimate both the carbon lost in the converted area
and the carbon stored in the forest area to be protected. The estimated
carbon in the protected area must be greater than the estimated carbon
in the trees to be removed. The calculation of carbon stored will
be done using a widely accepted forestry approach approved by the
Planning Board.
[2]
Up to 1/2 of the above-required area of forest protection mitigation
can be alternatively met by the option of protected reforestation
of a separate designated area. The reforestation plan shall be designed
such that the stored carbon per acre by year 10 will be at least equal
to the stored carbon per acre of the converted forest. Such a reforested
area can substitute on a one-for-one basis with protected forest area.
(10)
Sound.
(a)
Noise generated by ground-mounted solar photovoltaic facilities,
cooling fans, inverters, associated equipment, and machinery shall
conform, at a minimum, to applicable state and local noise regulations,
including the Department of Environmental Protection's Division of
Air Quality noise regulations (310 CMR 7.10).
(b)
The sound levels under normal operating conditions, measured at the
boundary of the lot on which the facility is sited, shall not be more
than 10 decibels greater than would otherwise exist in the absence
of such a facility.
(c)
Noise reduction shall be considered and incorporated as needed during
the design phase of the facility, including the location of the noise
generator, shielding, noise cancellation, filtering, and noise suppression.
P.
Monitoring
and Maintenance.
(1)
Construction monitoring. The Planning Board may require a third-party
inspector, selected by and acting under the direction of the Building
Inspector, to be employed to monitor compliance with all approvals
and conditions during the large-scale ground-mounted solar photovoltaic
facility's construction at the applicant's expense.
(2)
Maintenance. The large-scale ground-mounted solar photovoltaic facility
owner or operator shall maintain the facility in good condition. Maintenance
shall include, but not be limited to, painting, structural repairs,
and integrity of security measures. Site access shall be maintained
to a level acceptable to the local Fire Chief and emergency medical
services. The owner or operator shall be responsible for the cost
of maintaining the solar photovoltaic facility and any access road(s),
unless accepted as a public way. As much as possible, consideration
should be given to performing operations and maintenance using electric
vehicles and equipment to decrease noise and air pollution.
(3)
Reporting. The owner or operator of a large-scale ground-mounted
solar photovoltaic facility shall submit an annual report demonstrating
and certifying compliance with the operation and maintenance plan,
the requirements of this section and approvals granted hereunder,
including but not limited to continued management and maintenance
of vegetation, compliance with the approved plans and any permit conditions,
continuation of liability insurance, adequacy of road access, and
functionality of stormwater management systems. The annual report
shall also provide information on the maintenance completed during
the year and the amount of electricity generated by the facility.
The report shall be submitted to the Select Board, Planning Board,
Fire Chief, Building Commissioner, DPW Director, Board of Health,
and Conservation Commission (if a wetlands permit was issued) no later
than 45 days after the end of the calendar year.
Q.
Special
permit criteria for facilities outside the overlay district. The Planning
Board may grant a special permit for a large scale ground-mounted
solar photovoltaic facility outside the overlay district where it
makes the following findings:
(1)
The proponent has demonstrated the project reflects every reasonable
effort to minimize the volume of cut and fill; the disturbance of
soil profile, structure and soil compaction; the number of removed
trees six-inch caliper or larger, the length of removed stone walls,
the area of wetland vegetation displaced, the extent of stormwater
flow increase from the site, soil erosion, and threat of air and water
pollution;
(2)
The proposed project promotes pedestrian and vehicular safety both
on the site and egressing from it;
(3)
The proposed project does not create adverse visual impacts from
publicly accessible locations;
(4)
Visual intrusions have been satisfactorily mitigated by controlling
the visibility of the area viewed from public ways or premises residentially
used or zoned;
(5)
Noise from operation shall conform with the provisions of the Massachusetts
Department of Environmental Protection (DEP) Division of Air Quality
Noise Regulations (310 CMR 7.10), as most recently amended.
(6)
The proponent has demonstrated that proposed land clearing, disturbance
of natural vegetation, and loss of habitat is limited only to what
is necessary for the construction, operation and maintenance of the
large-scale ground-mounted solar photovoltaic facility;
(7)
The proposed project will comply with all relevant provisions of
this Zoning Bylaw;
(8)
The project, taken as a whole and with all mitigation efforts accounted
for, will not have an unreasonably detrimental effect on the surrounding
area.
R.
Modifications.
All material modifications to a large-scale ground-mounted solar photovoltaic
facility made after site plan review or special permit approval or
issuance of the required building permit shall require approval by
the Planning Board.
S.
Transfer
of ownership.
(1)
If the large-scale ground-mounted solar photovoltaic facility is
sold, all municipal permits, conditions, and associated documentation
shall remain in effect, provided that the successor owner or operator
assumes, in writing, all the obligations of the site plan approval
or special permit, and shall be provided in both digital and hard
copy format to the new owner. A new owner or operator of the facility
shall notify the Planning Board and the Building Inspector of such
change in ownership or operator within 30 days of the ownership change.
Failure to notify the Planning Board and Building Inspector within
30 days of the transfer of ownership shall be considered abandonment
in accordance with the abandonment subsection of this section.
(2)
The site plan or special permit and all other local approvals for
the facility would be void if a new owner or operator fails to provide
written notification to the Planning Board and the Building Inspector
in the required time frame. Reinstatement of a site plan approval
or void special permit and any other local approvals will be subject
to the same review and approval processes for new applications under
the Town's bylaws and regulations.
(3)
The Planning Board must be provided with updated contact information
for the new owner, including name, address, telephone number, and
email address. Authorities having jurisdiction, including local emergency
personnel, must be provided with updated emergency contact information,
including an emergency contact number that is staffed 24 hours a day.
The new owner must abide by all conditions as detailed in the final
permit. Any proposed changes to the project shall require approval
as described in the modifications subsection of this section.
T.
Abandonment
or decommissioning.
(1)
Removal requirements.
(a)
Any large-scale ground-mounted solar photovoltaic facility, or any
substantial part thereof, not used in the production of electricity
for a period of one continuous year or more without written permission
from the Planning Board, or is operating at less than 25% of its nameplate
capacity, or that has reached the end of its useful life, or has been
abandoned consistent with the abandonment subsection of this section,
shall be considered discontinued and shall be removed.
(b)
Upon written request from the Building Inspector, addressed to the
contact address provided and maintained by the owner or operator as
required above, the owner or operator shall provide evidence to the
Building Inspector, demonstrating continued use of the facility. Failure
to provide such evidence within 30 days of such written request shall
be conclusive evidence that the facility has been discontinued.
(c)
The owner or operator or landowner shall physically remove the facility
no more than 150 days after the date of discontinued operations. The
owner or operator or landowner shall notify the Town Clerk, Planning
Board, DPW Director, Conservation Commission and/or Building Inspector
by certified mail of the proposed date of discontinued operations
and plans for removal. Removal shall consist of:
[1]
Physical removal of all large-scale ground-mounted solar photovoltaic
facility structures, equipment, security barriers, and transmission
lines from the site.
[2]
Recycling of all possible materials and removal of all remaining
solid and hazardous waste in accordance with local, state, and federal
waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize
erosion and prevent impacts to wetlands or water bodies. The Planning
Board may allow the owner or operator to leave landscaping or designated
below-grade foundations (provided they are filled in) to minimize
erosion and disruption to vegetation. This requirement may be waived
if the landowner submits a plan for reuse of the site.
(2)
Abandonment. Absent notice to the Planning Board of a proposed date
of decommissioning or written notice of extenuating circumstances,
the large-scale ground-mounted solar photovoltaic facility shall be
considered abandoned when it fails to operate for more than one year
without the written consent of the Planning Board. If the owner or
operator of the solar energy system fails to remove the facility in
accordance with the requirements of this subsection within 150 days
of abandonment or the proposed date of decommissioning, the Town retains
the right, after the receipt of an appropriate court order, to enter
and remove an abandoned, hazardous, or decommissioned large-scale
ground-mounted solar energy system. As a condition of site plan approval,
the applicant and landowner shall agree to allow entry to remove an
abandoned or decommissioned facility. The Town may use the financial
surety as stipulated in financial surety subsection for this purpose.
U.
Financial
surety.
(1)
Proponents of large-scale ground-mounted solar photovoltaic facility
projects shall provide a form of surety, either through cash, certified
bank check, escrow account, bond, or otherwise, held by and for the
Town, to cover the cost of facility removal and stabilization of the
site in the event the Town must remove the facility and remediate
the landscape, in an amount and form determined to be reasonable by
the Planning Board, but in no event to exceed more than 125% of the
cost of removal and compliance with the additional requirements set
forth herein, as determined by the project proponent. Such surety
will not be required for Town- or state-owned facilities.
(2)
The project proponent shall submit a fully inclusive estimate of
the costs associated with removal, prepared by a qualified engineer.
Such estimate shall be reviewed by the Town and adjusted as needed
to reflect the opinion of the Town as to fair costs. The amount shall
also include a mechanism for updating removal costs every five years,
as costs may be affected by inflation and/or changes to disposal regulations.
Salvage for solar panels and/or for other components of the facility
may be included at the discretion of the Planning Board.
(3)
This surety will be due and payable prior to the issuance of the
building permit. Proof of payment in the form of a receipt from the
Town Treasurer will be shown to, and prior to the clearing of the
land and the start of any work on the site, the Building Inspector
before the permits are issued. The financial surety shall be maintained
by the proponent for the lifespan of the facility, with annual certification
notices from the surety company or bank for surety bonds submitted
to the Planning Board. As a condition of approval, an applicant shall
bind itself to grant the necessary license or easement to the Town
to allow entry to remove the structures and stabilize the site. The
Town shall have the right but not the obligation to remove the facility.
V.
Severability.
If any provision of this section is held invalid by a court of competent
jurisdiction, the remainder of the section shall not be affected thereby.
W.
Appeals.
Any person aggrieved by a decision of the Planning Board may appeal
to the Board of Appeals as provided under MGL c. 40A of the Commonwealth
of Massachusetts. Any appeal from the decision of the Board must be
filed within 20 days of filing of the decision with the Town Clerk.
